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V <br />BOARD OF APPEALS Minutes - March 28, 1990 2. <br />• and make something smaller and lower to the ground it would be <br />acceptable. <br />Mr. Halpern made a motion to grant the sign as proposed and <br />add no closer than 25' on the setback. Mr. Hanrahan seconded. <br />All agreed. <br />Willex Corp.- (Owner of record: Fields Point Limited Partnership) <br />Requests a Special Permit under Section 174-25.E.2 for permission <br />to operate a restaurant in a C-1 zoning district on property located <br />at Mashpee Commons, 38 Nathan Ellis Highway (Map 74, Block 20) <br />Mashpee, MA. <br />Represented by Alexis Hansen. She explained that they are <br />opening.a pizza restaurant and need a Special Permit because it <br />is over 1000 square feet. It will be opened -*.in approximatley <br />one month. There are between 50 and 60 seats. <br />There were no public comments. <br />Members present: C. Hawver, J. Friel, R. Halpern, W. Hanrahan and <br />M. Makunas. <br />Mr. Hanrahan made a motion that the Special.Permit requested <br />be granted. Mr. Makunas seconded. All agreed. <br />• Robert Mortimer - (Owner of record: Robert E. and Theresa A <br />Mortiner) Requests a Special Permit under Section 174-25.I.9 and 174- <br />17 of the Zoning By-laws for permission to remove an existing <br />dock and concrete block seawall and to replace them with new . <br />structures in an R-3 zoning district on propefty located at 68 <br />Captain's Row (Map 96, block 7) Mashpee, MA. <br />Members present: C. Hawver, J. Friel, R. Halpern, W. Hanrahan <br />M. Makunas <br />Attorney Kevin Kirrane represented the applicant. Mr. Kirrane <br />explained that the applicant seeks to construct a new dock which <br />measures the 70' from the mean high water mark as is permitted <br />by the zoning by-law. <br />There is an existing concrete sea wall that lies within 50' <br />of a wetland. Under the new by-law requiring setbacks and structures <br />from 50' of a wetland he would suggest to the Board that this <br />is a preexisting nonconforming structure and therefore if they <br />are going to remove and change it, it would perhaps require a permit <br />from this Board, therefore they have included this under the <br />Special Permit request. The plan also shows the remnants ofo.tlte <br />existing dock that will be removed. <br />