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Mashpee Board of Appeals December 27, 1989 Page 2. <br />John Friel questioned the ownership of the adjoining parcels. Mr. <br />Landers-Cauley replied that Mr. Pelusi had purchased the two lots as <br />they exist now and was not responsible for the subdivision of 3 and 3A. <br />He explained that he had filed under 5.1 to allow for non -conforming use. <br />No comments were received from abutters. Robert Sherman, Conservation <br />Agent, reviewed the plans. He explained that there had been an enforcement <br />order due to cutting on the bank. He read comments suggesting that the deck <br />at the bottom of the stairs be eliminated and said that the Conservation <br />Commission had concerns on the damage to the bank. <br />Mr. Govoni explained that all plans should be complete before an <br />applicant comes to a meeting. Mr. Halpern suggested that the applicant <br />check with the Building Inspector on the possibility of needing a <br />Variance. Mr. Friel explained that Mr. Randers-Cauley could withdraw <br />the application and re -apply when the information was complete. <br />Mr. Landers-Cauley asked for a continuation to a specific time. <br />Mr. Govoni moved to take the petition under advisement with the <br />condition that all documentation be provided to the Board. The <br />Board agreed that new testimony could be received at the February 14, <br />1990 meeting. Mr. Friel seconded. All agreed. <br />David W. and Diana L. Damon -Request a Special Permit under Section <br />6.3.I.9 of the Zoning By-laws for permission to build ramps, boardwalk <br />• and floats in an R-3 zoning district on property located at <br />89 Whippoorwill Circle (Map 125, Block 153) Mashpee, MA. <br />Members sitting: C. Hawver, E. Govoni and J. Friel <br />Mr. Damon informed the Board that a similar petition had been <br />heard by the Board in July and denied due to questions on the engineering <br />of the dock. He introduced David A. Jones, the engineer, who said he <br />had revised the plans and added chains and pilings to the previous plan. <br />Comments were heard from the Shellfish Constable and Conservation <br />Agent in cpposition to the petition, copies of which are attached and <br />made a part hereof. <br />Mr. Robert Gray of Sabatia stated that he had conducted a shellfish <br />survey for the Demons on August 30. He said there were shellfish in the <br />area and the number of quohogs were in the recreational category and <br />the number of clams were above recreational numbers._ <br />Mr. Somerville, Shellfish Constable, said he had not received the <br />shellfish survey. He said the report did not include a use impact. <br />He said there were already four or five docks in the area and if four or <br />five more were added there would be a loss of shellfish. <br />Mr. Govoni asked Mr. Gray for his opinion on the effect of the dock. <br />He replied that he was not involved with the design but said that the <br />height of a walkway over eelgrass would be important. Mr. Govoni said <br />that a permanent dock might have less impact. <br />Mr. Makunas reviewed the earlier application and confirmed that <br />