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Board of Appeals Samuel J. Mancuso - SP-97-43 2. <br /> FINDINGS <br /> A. General: <br /> 1. the subject property is located at 79 James Circle (Map 64, Block 39) and <br /> consists of 19,570 square feet fronting on John's Pond. <br /> 2. the immediate neighborhood consists of single family homes with many of them <br /> having docks on John's Pond. <br /> 3. the proposed dock is a permissible use within the R-5 zoning district upon <br /> grant of a Special Permit from the Board of Appeals. <br /> B. Special Permit Criteria: <br /> Section 174-25.I.9 states that the Board must find that the structure will not unduly <br /> interfere with the free passage of travel by water or land or cause or contribute to the <br /> substantial disruption or degradation on the marine or coastal environment. <br /> C. Specific Findings: <br /> 1. the proposal has been approved by the Harbormaster and the Shellfish <br /> Constable whose responsibilities include safety on the water and protection of <br /> the marine environment. <br /> 2. the proposal has been reviewed by the Conservation Commission to address <br /> impacts,on the coastal environment. <br /> 3. the use is in harmony with the general purpose and intent of the By-laws. <br /> In view of the foregoing, the Mashpee Board of Appeals found that the applicant <br /> met the criteria necessary for the granting of a Special Permit. Upon motion duly made <br /> and seconded the Board of Appeals voted unanimously on June 25, 1997 to grant the <br /> Special Permit. The Permit is conditioned upon compliance with plans of Samuel J. <br /> Mancuso dated June 20, 1997 and provides for the repair and maintenance of the structure <br /> in perpetuity. <br />