08/27/1997 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Tuan Ha-Ngoc - SP-97-54 2. FINDINGS A. General: 1. the subject property is located at 164 Fells Pond Road (Map 122, Block 202) and consists of 12,000 square feet fronting on Fells Pond. 2. the immediate neighborhood consists of single family homes many of which have docks on Fells Pond. 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 proposed pier, ramp and float complies with the provisions of the 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 of land or cause or contribute to the substantial disruption or degradation on the marine or coastal environment. C. Specific Findings 1. the proposal has been reviewed by the Conservation Commission to address impacts on the coastal environment. 2. the proposal has been submitted to the Harbormaster and the Shellfish Constable whose responsibilities include safety on the water and protection of the marine 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 August 27, 1997 to grant the Special Permit. The Perinit is conditioned upon compliance with plans of The Phoenix Group revised August 25, 1997 and approved by the Conservation Commission. The Permit provides for the repair and maintenance of the structure in perpetuity and prohibits railings on the float and ramp.