12/08/1999 ZONING BOARD OF APPEALS Decisions

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Town ofMashpee ' MASHPEE ZONING BOARD OF APPEALS 16 Great Xeck load Arth Decision for a Special Permit Mashpee, Massachusetts 02649 RE: David Cohen SP-99-110 18 Wheelhouse Lane Map 120 Block 158 A Petition was filed on October 20, 1999 by David Cohen of Mashpee, Massachusetts for a Special Permit under Section 174-25.I.9 of the Zoning By-laws for permission to construct a pier, ramp and float on Great River on property located in an R-3 zoning district at 18 Wheelhouse Lane (Map 120 Block 158)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 November 19 and November 26, 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, December 8, 1999, at which time the following members of the Zoning Board of Appeals were present and acting throughout: James E. Regan III, Zella E. Elizenberry and Richard T. Guerrera. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Law, Chapter 40A, Section 9 and the Town of Mashpee Zoning By-laws. Mr. Chris King of the Phoenix Group represented the applicant and requested a continuance of the hearing to allow him time to submit plans to the Board. Mr. Regan read a fax from Attorney Kevin Kirrane requesting that the "Board deny this Application without prejudice because of the Applicant's failure to have a completed Application available at the time of the publication and notice". Attorney Kirrane is representing an abutter, Mr. Sharkansky, who called and came to the Board's office several times in an attempt to look over the plans for the Cohen application. No other comments were received from abutters. The Board voted unanimously to continue the application until February 23, 2000 to allow the engineer an opportunity to submit plans. The Board received a fax on February 3, 2000 from the Phoenix Group on behalf of the applicant requesting an extension of the date by which the Board must render a decision. At the Public Hearings on February 9, 2000, the Board voted unanimously to deny without prejudice the application for a Special Permit because of the applicant's failure to submit plans to the Board as requested.