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TOWN OF MASHPEE <br /> I 3 BOARD OF APPEALS <br /> TOWN HALL, MASHPEE, MASSACHUSETTS 02649 <br /> DECISION <br /> RE: Petition of Joseph Elovitz for a Variance Case #V-86-12-143 <br /> A Petition was filed by Joseph Elovitz for a Variance for permission to vary the <br /> length of a proposed dock in a R-3M Zoning District on property located on 83 Sumter <br /> Sea Road, New Seabury, Mashpee, Massachusetts. <br /> Notice was duly given to abutters in accordance with Massachusetts General Laws <br /> Chapter 40A. Notice was given by publication in the Falmouth Enterprise, a newspaper <br /> of general circulation in the town of Mashpee on November 26 & December 3, 1986, a <br /> copy of which is attached hereto and made a part hereof. <br /> A public hearing was held on the petition at the Mashpee Town Hall on Wednesday, <br /> December 10, 1986 at 3:30 p.m. at which time the following members of the Board of <br /> Appeals were present and acting throughout: William Hanrahan, Michael Makunas and <br /> Cheryl Hawver. <br /> Opposition was voiced from abutters and the Mashpee Shellfish Commission however <br /> the topography in the area was established as being the basis for a legal hardship. <br /> The Board reached the following Finding of Facts: <br /> 1. The topography in the area was established as being the basis for a legal <br /> hardship. <br /> 2. Granting of this Variance was found not to be detrimental to the area or <br /> public good. <br /> Upon motion duly made and seconded the Board of Appeals voted unanimously on <br /> December 10, 1986 to grant the Variance of nine feet as requested with the stipula- <br /> tion Mr. Elovitz comply with the following conditions: <br /> 1. The Pier, Ramp and Float are to be constructed in conformity with the <br /> stamped engineers drawing on file. <br />