03/27/2002 ZONING BOARD OF APPEALS Decisions

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I Mashpee Zoning Town of Mashpee Harbormaster SP-02-46 2 Board of Appeals 491 Great Oak Road Mr. Borgeson read a letter from abutter Mr. John Donnell at 33 Neshobe Road ,I stating that he did not intend to oppose the construction. However, he expressed concern with traffic congestion, parking issues and safety concerns. Mr. James J. Priestly of 73 Neshobe Road said that he was in favor of the proposal. The Board went into a lengthy discussion on the possible problems regarding abuse of the dock and how rules would be enforced. Mr. Borgeson concluded the discussion by saying that the Board empathizes with abutters and that problems with 11 parking and docking may arise; however, those issues do not come under the scope and authority of the Board. Mr. Borgeson said that the Board has jurisdiction to grant or deny Ji a request for a Special Permit or a Variance, but does not have the authority to guarantee !�I or enforce use of a particular structure. II SPECIAL PERMIT CRITERIA ! i Section 174-25.L9 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. III GENERAL FINDINGS j 1. that the subject property is located at 491 Great Oak Road fronts on Great River. I SPECIFIC FINDINGS The Board determined that: 1. the proposal has been approved by the Shellfish Constable, whose responsibilities include protection of the marine environment. 2. the proposal has been approved by the Conservation Commission, whose responsibilities include addressing impacts on the coastal environment. 3. the proposal has been submitted for approval by the Harbormaster, whose responsibilities include safety on the water. 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. ul 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 P duly made and seconded, the Zoning Board of Appeals voted unanimously on March 27, 2002 to grant a Special Permit. The Special Permit is conditioned upon compliance with II II Cape& Islands Engineering plan entitled `Proposed Ramp & Floats Located at Great River Landing Prepared for Mashpee Harbormaster, Date: Feb.4,2002, Map 125 Parcel 39, 491 Great Oak Road, Mashpee, MA'. I II I I ' II i i