04/23/1997 ZONING BOARD OF APPEALS Decisions

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f Board of Appeals James E. and William E. Paquette SP-97-28 2. SP-97-34 II Findings: lul a. General : 1. the subject property is located at 160 Captain's Row (Mashpee Assessor's Map 96, Block 27) and consists of 15,010 square feet fronting on the Mashpee River. 2. the immediate neighborhood consists of single family homes many of which have a dock on the Mashpee River. 3. the proposed dock will be 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. 4. the length of the pier, ramp and float complies with the provisions of the Zoning By-laws. 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: I. 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 Cape & Islands Engineering dated February 26, 1997. The Permit provides for the repair and maintenance of the structure in perpetuity.