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1 <br /> Mashpee Zoning William&Amanda Lovely SP-02-7 2 <br /> Board of Appeals <br /> SPECIAL PERMIT CRITERIA <br /> Section 174-25.I.9 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 45 Frog Pond Close and consists of <br /> 42,460 square feet of land fronting on Popponesset Bay. <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 Petitioner met the criteria for granting of a Variance of 37 feet to exceed <br /> the allowed 70-foot total length limit. <br /> 3. the proposal has been approved by the Shellfish Constable whose <br /> responsibilities include protection of the marine environment. <br /> 4. the proposal has been reviewed by the Conservation Commission to address <br /> impacts on the coastal environment. <br /> 5. the use is in harmony with the general purpose and intent of the By-laws. <br /> 6. the owner has rights to maintenance in perpetuity. <br /> 7. 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 January <br /> 9, 2002 to grant a Special Permit. The Special Permit is conditioned upon compliance <br /> with Cape & Islands Engineering plan entitled `Plan of Proposed Pier Located in <br /> Mashpee—Mass., Prepared for William&Amanda Lovely, Date: Nov. 16, 2001, <br /> Revision: 12/17/01'. <br /> I <br /> ,I <br /> I <br /> f' <br />