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Town of Mashpee <br />MASHPEE ZONING BOARD OF APPEAAorth <br />L 16 Great ck load <br />ashpee, Massachusetts <br />02649achusetts 02649 <br />Decision for a Special Permit <br />RE: Henry and Elizabeth Spohr 338 Monomoscoy Road <br />Map 120 Parcel 194 <br />SP -03-44 <br />A Petition was filed on March 3, 2003 by Henry and Elizabeth Spohr of Sun City, <br />Arizona for a Special Permit under Section 174-25.I.9 of the Zoning By-laws for <br />permission to construct a stairway, pier, ramp and float on property located in an R-3 <br />zoning district at 338 Monomoscoy Road (Map 120 Parcel 194) 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 March 14, 2003 and <br />March 21, 2003, a copy of which is attached hereto and made a part hereof. <br />A Public Hearing was held on the Petition at the Mashpee Town Hall on <br />Wednesday, May 28, 2003, at which time the following members of the Zoning Board of <br />• Appeals were present and acting throughout: Edward M. Govoni, Robert G. Nelson and <br />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 />Mr. David Sanicki of Cape & Islands Engineering represented the application. . <br />Petitioner is seeking a Special Permit to build a pier, ramp and float described herein. <br />Conservation has requested a shorter float due to the existing moorings and shellfish <br />contour. Applicant is only requesting a 6' x 16' to accommodate the mooring and <br />shellfish issues rather than the usual 6' x 24' float. Mr. Govoni discusses the fact that <br />there are no houses on these lots and one needs a dwelling to have an accessory structure. <br />Mr. Sanick proposes to allow these special permits so they he can pursue the licensing <br />matter which takes up to one year to complete. Mr. Govoni states that these permits, if <br />granted, will be strictly conditioned. The Board decides the permit will be conditioned <br />• on the following: "there must be a building permit issued and the structure must be <br />