04/23/1997 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Ronald E. and Cheryl A. Nation and Martha M. Palank 2. SP-97-34 Findings: a. General : 1. the subject property is located at 175 Daniel's Island Road (Mashpee Assessor's Map 100, Map 41) and consists of 19,800 square feet fronting on Popponesset Bay. 2. the immediate neighborhood consists of single family homes most of which have a dock on Popponesset Bay. 3. the existing dock is accessory to an existing dwelling and is a permissible use within the R-3 zoning district upon grant of a Special Permit from the Board of Appeals. The original Special Permit for the dock was filed with the Town Clerk on December 11, 1985. 4. the length of the pier, ramp and float does not comply with the provisions of the Zoning By-laws and the Board of Appeals granted a Variance to exceed 70'. The Variance 97-33 was filed with the Town Clerk on April 29, 1997. b. Special Permit Criteria: Section 174-25.I.9 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. c. Specific Findings: 1. the proposal has been approved by the Harbormaster and the Shellfish Constable whose responsibilities include safety on the water and protection of the marine environment. 2. the proposal has been approved 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 April 23, 1997 to grant the Special Permit. The permit is referenced by plans of Guerriere& Halnon, Inc. revised April 24, 1997. The Permit provides for the repair and maintenance of the structure in perpetuity.