02/08/2006 ZONING BOARD OF APPEALS Minutes

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(U1Yly /d t/f R +•Y�y� �'�,�•, •� af��• MAS Town of Mashpce 16 Great Jl�eck load��or-th, HPEE ZONING BOARD OF APPEAL Jash,pce, jUassachUSNIs 02649 Decision for a Special Permit RE: John Donovan 31 James Circle Map 71 Parcel 47 SP-06-17 A Petition was filed on January 13, 2006 for a Special Permit under Section 174- 25.I.9 of the Zoning By-laws to license an existing seasonal shorestation dock on property located in an R-5 zoning district at 31 James Circle (Map 71 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 January 20, 2006 and January 27, 2006, a copy of which is attached hereto and made a part hereof. A Public Hearing was held on February 22, 2006 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 Nelson, Zella Elizenberry, Marshall Brem, Frederick Borgeson and Eric Dublirer. 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. John Slavinsky of Cape &Islands Engineering represents the petitioner at this hearing. They are seeking a special permit in order to license an existing shorestation dock. Mr. Slavinsky informs the board that this is a pre-fabricated type of structure that is not permanent. The Division of Fisheries has given approval along with the Conservation Comission and the Harbormaster. The length of this will be 64 feet and will not require a variance as it is less than the 70 foot maximum allowed. The Board reviews the plans and finds the request to be in order. They move to grant the special permit.