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a�,ioH;y4c <br /> .� TnEuit of ��2Ish�JPE <br /> P. 0. BOX 1106 <br /> ABLE tO MASHPEE. MA 02649 <br /> BOARD OF APPEALS <br /> DECISION <br /> FOR A VARIANCE <br /> RE: Petition of Seymour Silver for a Variance V-90-52 <br /> A Petition was filed by Seymour Silver of Newton Center, <br /> Massachusetts for a Variance from Section 174-15.I.9 of the Zoning <br /> By-laws for permission to exceed a dock length of 70 feet in an <br /> R-3 zoning district on property located at 43 S. Waterline Drive <br /> (Map 120, Block 148; Map 120, Block 147) Mashpee, Massachusetts. <br /> Notice was duly given to abutters in accordance with Massachusetts <br /> General Laws Chapter 4OA. Notice was given by publication in The <br /> Enterprise, a newspaper of general circulation in the Town of Mashpee <br /> on June 25 and July 2, 1990, a copy of which is attached hereto <br /> and made a part hereof. <br /> A public hearing was held on the Petition at the Mashpee Town <br /> Hall on Wednesday, July 11, 1990 at which time the following members <br /> of the Board of Appeals were present and acting throughout: <br /> Cheryl A. Hawver, Michael A. Makunas and John J. Friel. <br /> Attorney Richard Dubin and Engineer John Slavinsky represented <br /> the applicant. They explained that the Variance was required to <br /> exceed the 70 foot dock length in the By-law and that the applicant <br /> required a 100' walkway to reach water across the marsh at the <br /> rear of his home. Opposition was received from the Conservation <br /> agent and the Shellfish Constable. They agreed that the structure <br /> would have unavoidable and unacceptable impacts on the shellfish <br /> beds and cause damage to the eelgrass in the area. Board members <br /> who had visited the site also questioned that depth of water in <br /> the area and found that there was only 1} ' at mean high water. <br />