08/23/2000 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning David Cohen SP-00-156 2 Board of Appeals SPECIAL PERMIT CRITERIA Section 174-2519 states that the Board must find that the structure will not Iil 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. ' 'I SPECIFIC FINDINGS 1. that the proposed dock will be an accessory to an existing dwelling and is a �! permissible use upon the grant of a Special Permit. II, 2. that the Board has granted a Variance of 225 feet. I 3. that the use is in harmony with the general purpose and intent of the By-laws. 4. that the owner has rights to maintenance in perpetuity. 5. that filing with the Corps of Engineers shall be considered execution of the Special Permit. 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 HIM �I` duly made and seconded, the Zoning Board of Appeals voted unanimously on August 23, Ij l 2000 to grant a Special Permit. The Special Permit is conditioned upon compliance with the following: 1. written confirmation from the Conservation Commission that it has approved the proposal and that The Phoenix Group plan dated 15 June 1999 with revisions on 2/11/00 and 6/10/00 is the plan of record. 2. the above-referenced Phoenix Group plan entitled"Proposed Dock, Cohen Residence, Lot 42 Wheelhouse Ln., Project No. 39747, Date: 15, June 1999, Revisions: 2/11/00, 6/10/00". 3. failure by the Petitioner to submit Conservation Commission approval of the above-referenced plan will result in Special Permit SP-00-156 being null and void. 4. failure by the Petitioner to submit Conservation Commission approval of the above-referenced plan will result in the Building Department's refusal to issue a building permit for Special Permit SP-00-156. I I,.