04/12/2000 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Jacob Shammash V-00-95 2 Board of Appeals VARIANCE CRITERIA T ' Section 174-25.I.9 states that the Board must find that the structure will not �r 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 g dwelling and is a permissible use upon the grant of a Special Permit. 2. that the proposal has been approved by the Harbormaster whose responsibilities include safety on the water and protection of the marine environment. I 3. that the proposal has been reviewed by the Conservation Commission to address impacts on the coastal environment. 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 filing with the Cotps of Engineers shall be considered execution of the Special Permit. In view of the foregoing, the Mashpee Zoning Board of Appeals found that the applicant met the criteria necessary for the granting of a Variance. Upon motion duly made and seconded,the Zoning Board of Appeals voted unanimously on April 12, 2000 i - to grant a Variance of 40 feet. The Variance is conditioned upon the following: I- compliance with Cape &Islands Engineering plan entitled"Proposed Stairway, Pier, Ramp & Float Located in Mashpee—Mass., Prepared for Jacob Shammash, Plan No. 012800, Date: Jan. 28, 2000". 2. that the float shall be a seasonal float that will be removed in the winter. I ,. i I i I� a