01/09/2002 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning William &Amanda Lovely V-02-8 2 Board of Appeals GENERAL FINDINGS 1. that the subject property is located at 45 Frog Pond Close and consists of 42,460 square feet of land fronting on Popponesset Bay. 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 Petitioner met the criteria necessary for grant of a Special Permit. 3. the proposal has been approved by the Shellfish Constable whose responsibilities include protection of the marine environment. 4. the proposal has been reviewed by the Conservation Commission to address impacts on the coastal environment. 5. the use is in harmony with the general purpose and intent of the By-laws. I 6. the owner has rights to maintenance in perpetuity. i 7. filing with the State DEP Wetlands Program shall be considered execution of the Special Permit. Mashpee Zoning Board of Appeals found that the In view of the foregoing,the p g pP Petitioner met the criteria necessary for the granting of a Variance. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously on January 9, 2002 to grant a Variance of 37 feet to allow for construction of the proposal on the subject property. The Variance is conditioned upon compliance with Cape & Islands j Engineering plan entitled `Plan of Proposed Pier Located in Mashpee—Mass., Prepared g g for William&Amanda Lovely, Date: Nov. 16, 2001, Revision: 12/17/01'. I i i