10/25/2006 ZONING BOARD OF APPEALS Minutes

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�r��ej`ry w.. a s '1J 6./ N ` 16 Gre(i(J%ek (kocad ,Xiw1:h MASHPEE ZONING BOARD OF APPEAINIash,peel�l, issa.chzcsetts 02649 Decision for a Special Permit RE: Theodore and Gloria Musto 104 Fells Pond Road Map 122 Parcel 188 A Petition was filed on September 26, 2006 for a Special Permit under Section 174-25.I.9 of the Zoning By-laws to construct and maintain in perpetuity a stairway and dock on Fells Pond on property located in an R-5 zoning district at 104 Fells Pond Road (Map 122 Parcel 188) 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 October 6, 2006 -and October 13, 2006 a copy of which is attached hereto and made a part hereof. A Public Hearing was held on the Petition at the Mashpee Town Hall on Wednesday, October 25, 2006 at which time the following members of the Zoning Board of Appeals were present and acting throughout: Zella E. Elizenberry, Robert Nelson and Marshall A. Brem, Jonathan Furbush and Frederick Borgeson. 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. Jolul Slavinsky of Cape & Islands Engineering represents the applicant at this hearing. They are seeking a special permit for a stairway and dock that is currently on the wrong property. The Conservation Commission has ok'd the matter. The dock should be moved to the owner's property. The Board reviews the plans and finds this to be a reasonable request. The Board moves to grant the Special Permit. SPECIAL PERMIT CRITERIA Section 174-25.I.9 states that the Board must find that the structure will not unduly interfere with the free passage of travel by water or land or cause or contribute to the substantial disruption or degradation of the marine or coastal environment.