11/17/1999 ZONING BOARD OF APPEALS Decisions

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Town of Mashpee NIASHPEE ZONING BOARD OF APPEALS 16 Great Jlreck Poad Xorth Decision for a Variance Allashpee, Massachusetts 02649 RE: Robert Sutherland&Dena M. Rymsha V-99-78 42 Devon Street Map 77 Block 35 A Petition was filed on August 24, 1999 by Robert Sutherland and Dena M. I Rymsha of Mashpee, Massachusetts for a Variance from Section 174-25.I.9 of the Zoning By-laws for permission to exceed the 70-foot pier length to allow for construction I of a 114-foot pier,ramp and float on Popponesset Bay,on property located in an R-5 zoning district at 42 Devon Street (Map 77 Block 35)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 September 24 and October 1, 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, October 13, 1999, at which time the following members of the Zoning Board of Appeals were present and acting throughout: James E. Regan 11I, Zella E. Elizenberry and Frederick R. Borgeson. Robert G.Nelson stepped down and left the room. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Law, Chapter 40A, Section 10 and the Town of Mashpee Zoning By-laws. The Board voted to continue the hearing until November 17, 1999 to allow the applicants an opportunity to obtain approval from the Conservation Commission. At the Public Hearings on November 17, 1999, Mr. David Sanicki of Cape & Islands Engineering represented the applicants and said that the 70-foot pier length has to be exceeded by 44 feet just to reach one foot of water. The Conservation Commission has approved the construction of a small dinghy dock and will not permit large boats to be docked on this site. The Harbormaster has also approved the project. Mr. John Knudsen and Mr. and Mrs. Dempsey attended the meeting. They said that the Conservation Commission did not notify them of the proposed construction. The Zoning Board of Appeals mailed a Public Hearing Notice in September to the Knudsens and the Dempseys and notified them of the project. The neighbors claimed that the property is for sale and that this application is only for a selling point. They questioned the description of a dinghy and whether or not jet skis would be permitted.