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a <br /> lalasl2�cc, 1Yla�tsachusEtts C12E49 <br /> o., <br /> Decision for a Special Permit <br /> RE: Richard Mark 45 Santuit Lane <br /> Map 30 Parcel 4 <br /> SP-04-32 <br /> A Petition was filed on February 3, 2004 for a Special Permit under Section 174- <br /> 25.I.9 of the Zoning By-laws to allow for construction of a pier, ramp and float on <br /> property located in an R-5 zoning district at 45 Santuit Lane (Map 30 Parcel 4) Mashpee, <br /> MA. <br /> Notice was duly given to abutters in accordance with Massachusetts General <br /> Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, <br /> a newspaper of general circulation in the Town of Mashpee, on February 6, 2004 and <br /> February 13, 2004, a copy of which is attached hereto and made a part hereof. <br /> A Public Hearing was scheduled on February 25, 2004 on the Petition at the <br /> Mashpee Town Hall but was heard on Wednesday, May 12, 2004 due to conservation <br /> issues at which time the following members of the Zoning Board of Appeals were present <br /> and acting throughout: Zella Elizenberry, James Regan and Robert Nelson. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the <br /> provisions of Massachusetts General Laws Chapter 40A Section 9 and the Town of <br /> Mashpee Zoning By-laws. <br /> David Sanicki of Cape &Islands Engineering represents the petitioner at this <br /> hearing. They are seeking to build a pier, ramp and float and have amnesty interim <br /> approval. There is a requirement that this home owner must get a new license since it is a <br /> change in ownership. The Conservation Commission requested new changes and to <br /> remove 12 feet of the deck on the north side, this will make the size of the structure to <br /> decrease and be further away from the neighbors property. The Board references the plan <br /> dated May 5, 2004. <br /> SPECIAL PERMIT CRITERIA <br /> Section 174-25.I.9 states that the Board must find that the structure will not <br /> unduly interfere with the free passage of travel by water or land or cause or contribute <br /> to the substantial disruption or degradation of the marine or coastal environment. <br />