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Town of Mastipee <br /> North <br /> -cat JVcek Toad Nin <br /> 16 Gi <br /> Alashpce, NlassachLIS MS 02 9649 <br /> MASHPEE ZONING BOARD OF APPEALS <br /> Decision for a Special Permit <br /> RE: James DeVincent 122 Old Brickyard Road <br /> Map 72 Parcel 16 <br /> SP-04-93 <br /> A Petition was filed on June 17, 2004 for a Special Permit under Section 174- <br /> 25.1.9 of the Zoning By-laws to allow for the dock replacement and expansion of a <br /> wooden pier on property located in an R-3 zoning district at 122 Old Brick-yard Road <br /> (Map 71 Parcel 16) 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 June 25, 2004 and July 2, <br /> 2004, a copy of which is attached hereto and made a part hereof. <br /> A Public Hearing was heard on July 28, 2004 on the Petition at the Mashpee <br /> Town Hall at which time the following members of the Zoning Board of Appeals were <br /> present and acting throughout: James Regan, Robert Nelson, Marshall Brem and Richard <br /> 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 /> John Slavinsky of Cape & Islands Engineering represents petitioner at this <br /> hearing. They are seeking a special permit to replace the existing dock and expand the <br /> wooden pier. The Conservation Commission has approved this project. The Board <br /> reviews the plans and feels this would be an improvement to the existing dock. The <br /> Board moves to grant the Special Permit. <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 />