07/27/2005 ZONING BOARD OF APPEALS Minutes

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�o'FN Town of Mashpee 16 Gi eat )V?ck oacl�1�at tl� Allashpec, Massachusetts 02649 MASHPEE ZONING BOARD OF APPEALS Decision for a Special Permit RE: Syrul Lurie 29 Shoestring Bay Road Map 84 Parcel 23 SP-05-92 A Petition was filed on July 5, 2005 by Syrul Lurie for a Special Permit under Section 174-25.I.9 of the Zoning By-laws to allow for construction of a pier, ramp and float on property located in an R-3 zoning district at 29 Shoestring Bay Road (Map 84 Parcel 23) 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 July 15, 2005 and July 22, 2005, 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, July 27, 2005, at which time the following members of the Zoning Board of Appeals were present and acting throughout: Robert Nelson, Zella Elizenberry, Marshall Brem, Eric Dublirer and James Reiffarth. 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. Attorney Jack McElhinny represented the Petitioner at this hearing. They are seeking a special permit to build a pier, ramp and float and are also seeking a variance to exceed the 70 foot maximum length by 91 feet. All permits and plans are in place and Conservation Commission has approved the plans. There are no comments from abutters. 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.