12/14/1994 ZONING BOARD OF APPEALS Decisions

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Board of Appeals C. Michael Hayward - SP-94-90 2 . Findings : a. General : 1 . the dock is accessory to an existing dwelling situated on a 20 , 500 sf . lot on Popponesset Bay. The parcel is situated in the R-3 zoning district , and an accessory pier is a permissible use within that District upon grant of a Special Permit from the Zoning Board of Appeals . 2 . the length of the proposed pier, ramp and float complies with the provisions of the by-laws . b. Special Permit Criteria: Section 174-25 . 1 .9 states that the Board must find that the structure will not unduly interfere with free passage of travel by water of land or cause or contribute to the substantial disruption or degradation, through direct or indirect impacts , including uses allowed by said structure, on the marine or coastal environment . c . Specific Findings : 1 . the proposal has been submitted to and approved by the Mashpee Conservation Commission whose primary responsibility is to address impacts of such uses and structures on the marine and coastal environment . 2 . the applicants have been sensitive to the protection of wetlands resource areas . 3 . the Harbormaster and Shellfish Constable have approved the plans . 4 . the proposal will not be a detriment to the area and complies with the provisions 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 December 14 , 1994 to grant the Special Permit . The Permit is referenced by Plan 103194 of Cape & Islands Engineering dated October 31 , 1994 . ThePermit provides for the repair and maintenance of the structure in perpetuity.