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Mashpee Zoning 2 <br /> Board of Appeals Kathleen and Michael Bowler <br /> SP-08-18 <br /> SPECIAL PERMIT CRITERIA <br /> Section 174-25.L9 states that the Board must find that the structure will not <br /> unduly interfere with the free passage of travel by water or land or cause or contribute <br /> to the substantial disruption or degradation of the marine or coastal environment. <br /> GENERAL FINDINGS <br /> 1. that the subject property is located at 37 Birch Way and contains 16,270 <br /> square feet. <br /> SPECIFIC FINDINGS <br /> The Board determined that: <br /> 1. the proposed dock will be an accessory to an existing dwelling and is a <br /> permissible use upon the grant of a Special Permit. <br /> 2. the proposal has been approved by the Shellfish Constable whose <br /> responsibilities include protection of the marine environment. <br /> 3. the proposal has been reviewed by the Conservation Commission to address <br /> impacts on the coastal environment. <br /> 4. the use is in harmony with the general purpose and intent of the By-laws. <br /> 5. the owner has rights to maintenance in perpetuity. <br /> 6. filing with the State DEP Wetlands Program shall be considered execution of <br /> the Special Permit. <br /> In view of the foregoing, the Mashpee Zoning Board of Appeals found that the <br /> Petitioner met the criteria necessary for the granting of a Special Permit. Upon motion <br /> duly made and seconded, the Zoning Board of Appeals voted unanimously on July 9, <br /> 2008 to grant a Special Permit. The Special Permit is conditioned upon plans Coastal <br /> Engineering Company, Inc. of Orleans, MA, dated March 20, 2008, file no. C17051.dwg. <br /> k <br />