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12/13/1995 ZONING BOARD OF APPEALS Decisions
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12/13/1995 ZONING BOARD OF APPEALS Decisions
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cI <br /> Board of Appeals John A. and Kathleen Bibo - SP-95-66 2. <br /> Findings: <br /> i <br /> A. General <br /> 1. the subject property is located at 58 Captain's Row(Map 95, Block 5) and <br /> consists of 15,850 square feet fronting on Popponesset Bay. <br /> 2. the immediate neighborhood consists of single family homes many of which <br /> have a dock on Popponesset Bay. <br /> 3. the proposed dock will be accessory to an existing dwelling and is a <br /> permissible use within the R-3 zoning district upon grant of a Special Permit <br /> from the Board of Appeals. <br /> 4. the length of the proposed pier, ramp and float complies with the provisions of <br /> ' the Zoning By-laws. <br /> B. Special Permit Criteria <br /> Section 174-25.I.9 states that the Board must find that the structure will not <br /> unduly interfere with free passage of travel by water or land or cause or contribute <br /> to the substantial disruption or degradation on the marine or coastal environment. <br /> C. Specific Findings <br /> 1. the proposal has been approved by the Harbormaster and Shellfish Constable <br /> whose responsibilities include safety on the water and protection of the marine <br /> environment. <br /> 2. the proposal has been approved by the Conservation Commission to address <br /> impacts on the coastal environment. <br /> 3. the use is in harmony with the general purpose and intent of the By-laws. <br /> In view of the foregoing, the Mashpee Board of Appeals found that the Applicant <br /> met the criteria nenes.sary for the granting of a Special Permit. Upon motion duly made <br /> and seconded the Board of Appeals voted unanimously on December 13, 1995 to grant <br /> the Special Permit for the dock with the condition that float stops be added. The Permit is <br /> referenced by plans of Cape& Islands dated October 31, 1995. The Permit provides for <br /> the repair and maintenance of the structure in perpetuity. <br />
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