06/24/1992 ZONING BOARD OF APPEALS Decision

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c.T�w BLUE er�y• P. 0. BOX 1106 . MASHPEE. MA 02649 BOARD OF APPEALS RE: Erwin and Barbara Brilliant for a Special Permit SP-92-49 A Petition was filed by Erwin and Barbara Brilliant of Newton Center, Massachusetts, for a Special Permit under Section 174-25.I.9 of the Zoning By-laws for the licensing of an existing dock, ramp and float in Ockway Bay in an R-3 zoning district on property located at 43 Little Neck Lane (Map 105, Block 15A) Mashpee, Massachusetts. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 4OA. Notice was given by publication in The Enterprise, a newspaper of general circulation in the Town of Mashpee on June 5 and June 12, 1992, 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, June 24, 1992 at 7:30 P.M. at which time the following members of the Board of Appeals were present and acting throughout: John J. Friel, Michael A. Makunas and Edward M. Govoni. Engineer Stephen Wilson represented the applicant and presented plans for an existing dock built in the 197O's. An Associate Member of the Board, Arnold Mindick, stated that he was a neighbor and confirmed that the dock had been in existence more than 10 years. Mr. Makunas stated that the structure was a non-conforming structure and a variance would not be required. No comments were received from abutters. The Board determined that the structure did not interfere with free passage of travel by water or land or cause disruption to the marine or coastal environment. The Board found that the use is in harmony with the general purpose and intent of the zoning by-laws and complies with the provisions therein. Upon motion duly made and seconded the Board of Appeals voted unanimously on June 24, 1992 to grant the Special Permit. The Permit is referenced by plans of Levy, Eldredge and Wagner dated 1/29/92 and signed by Stephen Wilson on 5/19/92.