01/12/2000 ZONING BOARD OF APPEALS Decision

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fis Mashpee Zoning Little Neck Realty Trust SP-00-15 2 Board of Appeals b GENERAL FINDINGS j 1. the subject property is located at 44 Little Neck Lane and consists of 9,300 square feet fronting on Annis Cove. SPECIAL PERMIT CRITIERIA 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. SPECIFIC FINDINGS 1. that the proposed dock will be an accessory to an existing dwelling and is a I permissible use upon the grant of a Special Permit. 2. that the proposal has been approved by Shellfish Constable whose responsibilities include protection of the marine environment. 3. that the proposal has been approved by the Conservation Commission 4. that the use is in harmony with the general purpose and intent of the By-laws. 5. that the owner has rights to maintenance in perpetuity. 6. that the Board has granted a Variance from the setback requirements from the water and wetlands to allow for construction of a single-family home on the subject property. In view of the foregoing,the Mashpee Zoning Board of Appeals found that the applicant 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 January I 12, 2000 to grant the Special Permit. The Special Permit is conditioned upon compliance with the following: 1. that a home shall be constructed on the subject property. 2. Cape & Islands Engineering Plan entitled"Proposed Stairway,Pier, Ramp and Float, Located in Mashpee—Mass., Prepared for Little Neck Realty Trust, Plan No. 110199, Date:Nov. 1, 1999". r