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07/13/1994 ZONING BOARD OF APPEALS Decisions
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07/13/1994 ZONING BOARD OF APPEALS Decisions
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r <br /> `r Board of Appeals James B. and Elizabeth Wright 2 . <br /> Findings : <br /> a. General : <br /> 1 . the proposed dock will be accessory to a <br /> dwelling situated on a 43, 560 square foot lot <br /> Dckway Bay. The parcel is situated in the R-3 <br /> zoning district , and an accessory pier is a <br /> permissible use within that District upon grant <br /> of a Special Permit from the Zoning Board of <br /> Appeals . <br /> 2 . the length of the proposed pier , ramp and float <br /> conform the requirements of the Zoning By-law. <br /> b . Special Permit Criteria : <br /> Section 174-25 . 1 . 9 states that the Board must find <br /> that the structure will not unduly interfere with <br /> free passage of travel by water of land or cause or <br /> contribute to the substantial disruption or <br /> degradation, through direct or indirect impacts , <br /> including uses allowed by said structure , on the <br /> marine or coastal environment . <br /> c . Specific Findings : <br /> 1 . the proposal has been submitted to and <br /> approved by the Mashpee Conservation <br /> Commission whose primary responsibility is to <br /> address impacts of such uses and structures on <br /> the marine and coastal environment . <br /> 2 . the applicants have been sensitive to the <br /> protection of shellfish resources to ensure <br /> minimal impact on wetlands resource areas . <br /> 3 . the revised design for a dock and the <br /> Conservation Commission restrictions are an <br /> improvement from the original design and use . <br /> In view of the foregoing, the Mashpee Board of <br /> Appeals found that the applicant met the Criteria necessary <br /> for the granting of a Special Permit . Upon motion duly <br /> made and seconded the Board of Appeals voted unanimously on <br /> July 13, 1994 to grant the Special Permit . The Permit is <br /> referenced by plans of Cape & islands Engineering dated May <br /> 24 , 1994 . <br />
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