02/10/1999 ZONING BOARD OF APPEALS Decisions

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Town of Mashpee BOARD OF APPEALS 16 Great Xeck ltoad Xorth A Decision for a Special Permit Mashpee, Massachusetts 02649 RE: Ann Mabardy, Francis G. McGee SP-99-9 16 Spoondrift Circle Kimberly McGee, et al Map I I I Lot 118 A Petition was filed on December 22, 1998 by Ann Mabardy, Francis G. McGee and Kimberly McGee, et al of Newtonville, Massachusetts for a Special Permit under Section 174-25.1.9 of the Zoning By-laws for permission to construct a pier, ramp and float on Spoondrift Cove on property located in an R-3 zoning district at 16 Spoondrift Circle (Map 111 Block 118), 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 January 22 and January 29, 1999, a copy of which is attached hereto and made a part hereof. A Public Hearing was held on the Petition at the Mashpee Town Hall on Wednesday, February 10, 1999, at which time the following members of the Board of Appeals were present and acting throughout: Edward M. Govoni, James E. Regan III and Richard T. Guerrera. This Decision is issued by the Mashpee Board of Appeals pursuant to the provisions of Massachusetts General Law, Chapter 40A, Section 9 and the Town of Mashpce Zoning By-laws. Mr. John Slavinsky of Cape & Islands Engineering represented the applicants. He stated that the Special Permit(SP-96-34) granted by the Board of Appeals on May 22, 1996 has expired. An abutter appealed the decision that had been filed with the State agency. An on-site meeting regarding the pier, ramp and float was conducted in November, 1998, with the Federal agency, Harbormaster, the Conservation Commission and Division of Waterways being present. The 8 x 24 foot float was reduced to a 6 x 16 foot float for navigational purposes. The Board received a letter from Perry Ellis, Harbormaster, dated November 11, 1998, requesting the reduction of the float size. Mr. Slavinsky stated that the Conservation Commission reissued an extension to the applicants. Paul Zarrimito, an abutter at 4 Spoondrift Circle, stated that he had no problem with the reduction of the float size. However, he expressed concern with the size of the beam of the boat that would be docked at the subject property. Mr. Zammito submitted a letter from his attorney, Boyd & Boyd, addressed to the Department of Environmental Protection. The letter requested reduction of the float size, location of the pilings and limit of the beam size of the boat.