02/24/2004 ZONING BOARD OF APPEALS Minutes

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Town of Mashpee 16 Great-Veck pad 16rdi 'lashpee, lXlassach,usett.s 0;?649 MASHPEE ZONING BOARD OF APPEALS ` Decision for a Variance RE: James and Rosemary Mitchell 90 Popponesset Island Road Map 106 Parcel 34 V-04-48 A Petition was filed on March 2, 2004 for a Variance from Section 174-25 (1)(9) of the Zoning By-laws for permission to extend the maximum length of 70 feet for the construction of a pier, ramp and float on property located in an R-3 zoning district at 90 Popponesset Island Road (Map 106 Parcel 34) 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 5, 2004 and March 12, 2004, a copy of which is attached hereto and made a part hereof. A Public Hearing was scheduled on the Petition at the Mashpee Town Hall on Wednesday, March 24, 2004 but continued and heard on May 12, 2004 due to conservation issues at which time the following members of the Zoning Board of Appeals were present and acting throughout: Robert Nelson, Zella Elizenberry and Richard Guerrera. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws, Chapter 40A, Section 10 and the Town of Mashpee Zoning By-laws. David Sanicki of Cape & Islands Engineering represents petitioner at this hearing. They are seeking a special permit to build a pier, ramp and float and a variance to exceed the 70 foot maximum length of the dock due to the shellfish officer's request so as to not interfere with the navigation pattern. Mr. Sanicki reviews the plans with the Board and informs them that Mr. York requested the dock be in at least 2 feet of water thereby malting the dock length 18 feet beyond the 70 foot maximum. Mr. Brem remarks that the plans dated February 25, 2004 should be the referenced in the decision.