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T <br /> nt afull of tISh�JPE <br /> P. O. BOX 1108 <br /> SABLE <br /> MASHPE E, MA 02649 <br /> BOARD OF APPEALS <br /> Amended Decision <br /> For a Special Permit <br /> RE: S.C.C.A. Inc . South Cape Civic Association Inc . <br /> SP-90-78 <br /> A Petition was filed by S .C.C. A. Inc . of Mashpee, <br /> Massachusetts for a Special Permit under Section 174-25 . I . 9 <br /> of the Zoning By-laws for permission to construct a dock, <br /> ramp and float in an R-3 zoning district on property located <br /> at 112 Whippoorwill Circle (Map 125, Block 149 ) Mashpee, <br /> Massachusetts . <br /> Notice was duly given to abutters in accordance with <br /> Massachusetts General Laws Chapter 40A. Notice was given by <br /> publication in The Enterprise, a newspaper of general <br /> circulation in the Town of Mashpee, on September 10 and <br /> September 17, 19900 a copy of which is attached and made a <br /> part hereof . <br /> A public hearing was held on the Petition at the Mashpee <br /> Town Hall on Wednesday, September 26, 1990 at which time the <br /> following members of the Board of Appeals were present and <br /> acting throughout : Michael A. Makunas, William J . Hanrahan <br /> and Edward M . Govoni . The hearings were continued on October <br /> 24, 1990, November 14, 1990 and January 9, 1991 . <br /> Engineer David Sanicki represented the applicants and <br /> presented plans for a community dock to be used by the South <br /> Cape Civic Association. He explained that those who have <br /> deeded rights to the lot would be able to use the dock . The <br /> plans submitted were for a dock length of 74 ' , these were <br /> revised to 70 ' . <br /> Testimony was received from Paul Somerville, Shellfish <br /> Constable, stating his concern with the impact on the <br /> soft-shell clam beds and quohog beds in the area. He stated <br /> that he agreed with the Sabatia shellfish report submitted <br /> with the application. He also requested documentation from <br /> the Association stating that this dock would be available to <br /> everyone who has rights to Association property . <br /> Written comments were received from Robert Sherman, <br /> Conservation Agent, stating that the Commission could <br /> consider approval if the Association could guarantee that <br /> nearby land-owners not having docks would be provided with <br /> surety of access to the Association dock . <br />