04/09/2008 ZONING BOARD OF APPEALS Minutes

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eunr C:'✓'' sv:rPy lown of Mashpec 16 Great Nick Rood for-th -A'lashpee, ,Ylassaciz.usetts 02649 MASHPEE ZONING BOARD OF APPEALS Decision for a Special Permit RE: Wilson Colucci 106 Summersea Road Jill Downing Map 105 Parcel 47 SP-08-16 A Petition was filed on March 10, 2008 for a Special Permit under Section 174- 25(I)(9) of the Zoning By-laws to construct and maintain a dock, ramp and float with maintenance and perpetuity on property located in an R-3 zoning district at 106 Summersea Road (Map 105 Parcel 47) Mashpee, MA. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on March 21, 2008 and March 28, 2008, a copy of which is attached hereto and made a part hereof. A Public Hearing was scheduled for Wednesday, April 9, 2008 but continued until Wednesday, April 23, 2008 on the Petition at the Mashpee Town Hall, at which time the following members of the Zoning Board of Appeals were present and acting throughout: Robert G. Nelson, Jonathan Furbush, James Reiffarth, William Blaisdell and John Dorsey. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A Section 9 and the Town of Mashpee Zoning By-laws. Jolm Slavinsky of Cape & Islands Engineering represents the applicants for their request for a Special Permit and Variance for a dock. They have owned the property for six months. There is a letter from the Division of Marine Fisheries outlining their concerns with the request. In part, the variance is needed due to their request to separate the distance between the pilings and lengthen the ramp. They feel it is better to be in two i feet of water as stated by the corps of engineers. Conservation has asked that the area