12/10/2003 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Board of Appeals Paul O'Connell 2 SP-03-154 SPECIAL PERMIT CRITERIA Section 174-25.I.9 states that the Board must find that the structure will not unduly interfere with the free passage of travel by water or land or cause or contribute to the substantial disruption or degradation of the marine or coastal environment. GENERAL FINDINGS 1. that the subject property is located at 99 Monomoscoy Road West and contains .17 acres. SPECIFIC FINDINGS The Board determined that: 1. the proposed dock will be an accessory to an existing dwelling and is a permissible use upon the grant of a Special Permit. 2. the proposal has been approved by the Shellfish Constable whose responsibilities include protection of the marine environment. 3. the proposal has been reviewed by the Conservation Commission to address impacts on the coastal environment. • 4. the use is in harmony with the general purpose and intent of the By-laws. 5. the owner has rights to maintenance in perpetuity. 6. filing with the State DEP Wetlands Program shall be considered execution of the Special Permit. 7. that the Board has determined that when the applicant files with the Corps of Engineers, it shall be considered as execution of the Special Permit. In view of the foregoing, the Mashpee Zoning Board of Appeals found that the Petitioner met the criteria necessary for the granting of a Special Permit. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously on July 28, 2004 to grant a Special Permit. The Special Permit is conditioned upon compliance with Plans from Cape & Islands Engineering, dated October 23, 2004 as prepared for Paul O'Connell. The ZBA has also required that substantial construction of the new dwelling must be commenced before the construction of the pier, ramp and float. •