07/22/1998 ZONING BOARD OF APPEALS Decisions

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Board of Appeals L. Clarke MU, Tr. - SP-98-94 2. FINDINGS General I. the subject property is located at 50 Popponessett Island Road and contains 34,590 square feet fronting Popponessett Bay. 2. the proposed dock will be accessory to a dwelling and is a permissible use within the R-3 zoning district upon grant of a Special Permit from the Board of Appeals. 3. the length of the proposed pier, ramp and float complies with the provisions of the Bylaws, Special Permit Criteria Section 174-2519 states that the Board must find that the structure will not unduly interfere with the free passage of travel by water or land or cause or contribute to the substantial disruption or degradation of the marine or coastal environment, Specific Finding I. the proposal has been approved by the Harbormaster and the Shefffish Constable whose responsibilities include safety on the water and protection of the marine environment. 2. the proposal will be reviewed by the Conservation Commission to address impacts on the coastal environment. 3. the use is in harmony with the general purpose and intent of the By-laws. In view of the foregoing, the Mashpee Board of Appeals found that the applicant met the criteria necessary for the granting of a Special Permit, Upon motion duly made and seconded, the Board of Appeals voted unanimously on July 22, 1998 to grant the Special Permit. The permit is conditioned upon compliance with plans of Cape and Islands Engineering dated June 1, 1998. The Permit provides for the repair and maintenance of the structure in perpetuity.