06/26/1996 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Richard M. Cushner - SP-96-44 2. Findings: A. General 1. the subject property is located at 22 Samoset Road (Map 125, Block 65) and consists of 23,700 square feet fronting on Great River. 2. the immediate neighborhood consists of single family homes many of which have a dock on Great River. 3. the proposed dock is accessory to an existing dwelling and is a permissible use with 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 does not comply with the provisions of the By-laws but does not require a Variance since it was built prior to June 27, 1983 before by-laws regulating length of docks. B. Special Permit Criteria Section 174-25.I.9 states that the Board must find that structure will not unduly interfere with free passage of travel by water or 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 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 reviewed and 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 June 26, 1996 to grant the Special Permit. The permit is conditioned upon compliance with plans of Holmes and McGrath Inc. revised January 31, 1995. The permit provides for the repair and maintenance of the structure in perpetuity.