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Board of Appeals Frederic W. Blythe - SP-97-60 2. <br /> FINDINGS <br /> General <br /> 1. the subject property is located at 199 Daniel's Island Road (Map 112, Block <br /> 59) and consists of 23,770 square feet fronting on Popponesset Creek. <br /> 2. the immediate neighborhood consists of single family homes many of which <br /> have docks on Popponesset Creek. <br /> 3. the proposed dock will be accessory to an existing dwelling and is a <br /> permissible use within the R-3 zoning district upon grant of a Special Permit <br /> from the Board of Appeals. <br /> 4. the length of the proposed pier, ramp and float comply with the provisions of <br /> the By-laws. <br /> Special Permit Criteria <br /> Section 174-25.I.9 of the Zoning By-laws states that the Board must find that the <br /> structure will not unduly interfere with the free passage of travel by water or land or cause <br /> or contribute to the substantial disruption or degradation on the marine or coastal <br /> environment. <br /> Specific Finding <br /> 1. the Board finds that the Special Permit is in harmony with the general purpose <br /> and intent of the Zoning By-law and that the proposed structure has been <br /> designed to mitigate any adverse effects on the environment. <br /> 2. the Board finds that the proposed structure is a permitted use which does not <br /> substantially derogate from the public good. <br /> 3. the structure, as proposed, will not unduly interfere with the free passage of <br /> travel by water or land or cause or contribute to the substantial disruption or <br /> degradation, through direct or indirect impacts, on the marine or coastal <br /> environment. <br /> 4. the proposal has been approved by the Harbormaster whose responsibilities <br /> include safety on the water and the protection of the marine environment. <br /> 5. the proposal has been approved by the Conservation Commission whose <br /> responsibilities include protection of the coastal environment. <br /> 6. the Board finds that all necessary permits from the Town agencies having <br /> jurisdiction over the inland and/or coastal waterways have been applied for and <br /> granted. The Board finds that based on information submitted by the applicant <br /> that the proposed project as designed will ensure that: (a.)impacts to shellfish, <br /> eelgrass and benthic life are negligible (b) turbidity either through construction <br /> impacts or propeller wash are minimized, (c) dune vegetation is undisturbed <br /> and pedestrian foot traffic for pedestrian access between the tide lines is <br /> unimpeded. <br />