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12/14/1994 ZONING BOARD OF APPEALS Decisions
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12/14/1994 ZONING BOARD OF APPEALS Decisions
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Board of Appeals Gary D . Vitale - SP-94-91 2 . <br /> Findings : <br /> a . General: <br /> the dock is accessory to an existing dwelling <br /> situated on a 17 . 050 sf . lot on Santuit Pond . <br /> The parcel is situated in the R-3 zoning <br /> 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 /> complies with the provisions of the by-laws . <br /> b . Special Permit Criteria: <br /> Section 174-25 . I . 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 applicant has been sensitive to the <br /> protection of wetlands resource areas . <br /> 3 . the proposal will not be a detriment to the <br /> area and complies with the provisions of the <br /> by-laws . <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 <br /> on December 14 , 1994 to grant the Special Permit . The <br /> Permit is referenced by Plan 110394 . File No . 381CC, of <br /> Cape & Islands Engineering dated November 3 , 1994 . The <br /> Permit provides for the repair and maintenance of the <br /> structure in perpetuity. <br /> a <br />
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