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bwn ' M sitpee <br /> oj' a <br /> 71 <br /> VI <br /> MASHPEE ZONING BOARD OF APPEALS 16 Greal ,_)%ek lkoadJVot-th <br /> 1100) Utshpec, Nfasscichusells 02649 <br /> _ <br /> Decision for a Special Permit <br /> RE: James and Rosemary Mitchell 90 Popponesset island Road <br /> Map 106 Parcel 34 <br /> SP-04-49A <br /> A Petition was filed on January 30, 2004 for a Special Permit under Section 174- <br /> 25.1.9 of the Zoning By-laws to allow for construction of a pier, ramp and float on <br /> property located in an R-3 zoning district at 90 Popponesset Island Road (Map 106 <br /> Parcel 34) Mashpee, 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 March 24, 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 thro <br /> ughout: Robert Nelson, Zella Elizenberry and Richard Guerrera. <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 petitioner at this hearing. <br /> They are seeking a special permit to build a pier, ramp and float and a variance to exceed <br /> the 70 foot maximum length of the dock due to the shellfish officer's request so as to not <br /> interfere with the navigation pattern. Mr. Sanicki reviews the plans with the Board and <br /> informs them that Mr. York requested the dock be in at least 2 feet of water thereby <br /> making the dock length 18 feet beyond the 70 foot maximum. Mr. Brern remarks that the <br /> plans dated February 25, 2004 should be the referenced in the decision. <br /> SPECIAL PERMIT CRITERIA <br /> Section 174-25.1.9 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 />