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MASHPEE ZONING BOARD OF APPEALS <br /> Elizabeth J. Stow, Trustee <br /> 25 Monomoscoy Road West <br /> Mashpee, MA 02649 <br /> SP-2011-10 <br /> Petitioner plans to plant a huckleberry patch on the lot. Attorney Wall said that <br /> constructing this dock between the other two existing docks would result in unreasonable <br /> interference with safe boating. Attorney Wall quoted Section 174-24.C(2) of the Zoning <br /> By-laws which requires the Board to determine if the proposed use or development will <br /> adversely affect public health or safety or have a significant adverse impact on <br /> neighboring properties. Mr. Carter expressed concern that his peace and quiet and <br /> enjoyment of his property will be disturbed by construction of more docks in the area. <br /> He is also worried with the safety of children being attracted to the dock without adult <br /> supervision. <br /> The Board voted to continue the Petition until May 25, 2011 to allow for <br /> comments from the Conservation Commission, Waterways Commission, Harbormaster <br /> and Shellfish Warden. <br /> At the Public Hearings on May 25, 2011, Mr. John Slavinsky of Cape & Islands <br /> Engineering represented the Petition and stated that plans for a dock, ramp and float have <br /> been withdrawn. The Conservation Commission has issued an Order of Conditions <br /> approving a raised walkway across the marsh. The Petitioner has a mooring and beach at <br /> the end of the walkway. Acting Building Commissioner Charles Maintanis confirmed <br /> that the side setback requirement for any structure in this area is .15 feet. <br /> Attorney Brian J. Wall represented direct abutter Mr. Jack G. Carter, Jr. of 17 and <br /> 20 Monomoscoy Road West and reiterated his opposition to the proposal. He also said <br /> that the Petitioner cannot claim hardship since the owner was aware that the property <br /> could not be developed without grant of a Variance when he purchased the property. <br /> The Board remarked that the proposal on the subject property has not changed <br /> from a few years ago when it was denied then. The Board indicated that it would not <br /> support the proposal. <br /> Mr. John Slavinsky requested Withdrawal Without Prejudice of the Petition for a <br /> Special Permit. <br /> In view of the foregoing, the Zoning Board of Appeals voted unanimously to <br /> accept the Withdrawal Without Prejudice of the Petition for a Special Permit. <br /> 2 <br />