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-iown of Mashpce <br /> V1� t <br /> 16 0-cat ,%ck 1 co(0 .7W)i-th <br /> Allasli,pet, Massachusetts 02649 <br /> MASHPEE ZONING BOARD OF APPEALS <br /> Decision for a Variance <br /> RE: Mute Swan Corporation 333 Simons Narrows Road <br /> Map 84 Parcel 214 <br /> SP-04-162 <br /> A Petition was filed on November 16, 2004 for a Special Permit from Section <br /> 174-25 (1)(9) of the Zoning By-laws to build a pier, ramp and float on property located in <br /> an R-3 zoning district at 333 Simons Narrows Road (Map 84 Parcel 214) 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 November 19, 2004 and <br /> November 26, 2004, a copy of which is attached hereto and made a part hereof. <br /> A Public Hearing was scheduled on the Petition at the Mashpee Town Hall on <br /> Wednesday, June 22, 2005 due to conservation issues at which time the following <br /> members of the Zoning Board of Appeals were present and acting throughout: Robert <br /> Nelson, Marshall Brem, Zella Elizenberry, Jonathan Furbush and Eric Dublirer. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the <br /> provisions of Massachusetts General Laws, Chapter 40A, Section 10 and the Town of <br /> Mashpee Zoning By-laws. <br /> John Slavinsky of Cape &Islands represents the applicant at this hearing. They <br /> are seeking to build a pier, ramp and float. He informs that Board that there have been <br /> several problems with this property that have caused much delay in Conservation. To <br /> begin with,the State determined that the proposed dock would be within 50 feet of <br /> shellfish. Once the State Division of Marine Fisheries become involved it was <br /> determined that they basically will not give their blessing EVER. Mr. York got involved <br /> and asked them what they could do to at least make you neutral. It was suggested that <br /> float stops be installed to keep the float from bottoming out. Although the State does not <br /> support it—they will not go against it at this point. Mr. Brem mentions that this property <br /> is vacant at the moment ant they normally the ZBA only gives out the dock permits when <br /> r <br /> there is a house on the property. Mr. Nelson mentions that they can condition this on the <br />