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1 <br /> Town of Mashpee <br /> MASHPEE ZONING BOARD OF�y <br /> APPEALS <br /> VJ* y 16 great JVeck 4�oad Arth <br /> "Ulz Decision for a Special Permit Mashpee, Massachusetts 02649 <br /> RE: Robert Sutherland&Dena M. Rymsha SP-99-79 42 Devon Street <br /> Map 77 Block 35 <br /> A Petition was filed on August 24, 1999 by Robert Sutherland and Dena M. <br /> Rymsha of Mashpee Massachusetts for a Special Permit under Section 174-25.I.9 of <br /> the Zoning By-laws for permission to construct a pier, ramp and float on Popponesset <br /> Bay on property located in an R-5 zoning district at 42 Devon Street(Map 77 Block 35) <br /> 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, a <br /> newspaper of general circulation in the Town of Mashpee, on September 24 and October <br /> 1, 1999, 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, October 13, 1999, at which time the following members of the Zoning Board <br /> of Appeals were present and acting throughout: James E. Regan III, Zella E. Elizenberry <br /> and Frederick R. Borgeson. Robert G.Nelson stepped down and left the room. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the <br /> provisions of Massachusetts General Law, Chapter 40A, Section 9 and the Town of <br /> Mashpee Zoning By-laws. <br /> The Board voted to continue the hearing until November 17, 1999 to allow the <br /> applicants an opportunity to obtain approval from the Conservation Commission. <br /> At the Public Hearings on November 17, 1999, Mr. David Sanicki of Cape & <br /> Islands Engineering represented the applicants and said that the 70-foot pier length has to <br /> be exceeded by 44 feet just to reach one foot of water. The Conservation Commission <br /> has approved the construction of a small dinghy dock and will not permit large boats to <br /> be docked on this site. The Harbormaster has also approved the project. <br /> Mr. John Knudsen and Mr. and Mrs. Dempsey attended the meeting. They said <br /> that the Conservation Commission did not notify them of the proposed construction. The <br /> Zoning Board of Appeals mailed a Public Hearing Notice in September to the Knudsen <br /> and the Dempseys and notified them of the project. <br /> The neighbors claimed that the property is for sale and that this application is only <br /> for a selling point. They questioned the description of a dinghy and whether or not jet <br /> skis would be permitted. <br />