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• S <br /> P. 0. BOX 1108 <br /> tgg -C MASHPEE, MA 02649 <br /> DECISION <br /> RE: Petition of Dolphin Bay Corporation for a Variance Case #V-87-08-085 <br /> A Petition was filed by Dolphin Bay Corporation of Mashpee, Massachusetts <br /> for a Variance for permission to permit the construction of a roadway in com- <br /> pliance with subdivision standards in the OSID overlay district in a R-2 Zon- <br /> ing District on property located on Noisy Hole Road, Mashpee, Massachusetts. <br /> Notice was duly given to abutters in accordance with Massachusetts Gen- <br /> eral Laws Chapter 4OA. Notice was given by publication in the Falmouth Enter- <br /> prise, a newspaper of general circulation in the Town of Mashpee on August <br /> 12 & 19, 1987, a copy of which is attached hereto and made a part hereof. <br /> A public hearing was held on the petition at the Mashpee Town Hall on <br /> Wednesday, August 26, 1987 at 7:30 p.m, at which time the following members <br /> of the Board of Appeals were present and acting throughout: William Hanrahan, <br /> Manuel Costa and Cheryl Hawver. <br /> The Board of Appeals heard evidence that the Petitioner desires to develop <br /> the aforementioned parcel of land under the provisions of 9.3.3, which permits <br /> Open Space Incentive Development Plans. Under the provisions of said Section <br /> 9.3.3, a portion of the development locus is to be set aside for passive recrea- <br /> tional purposes, and the area so set aside cannot be used for any developmental <br /> purposes, including that of roads. <br /> The Petitioner stated that the most desirable portion of the locus to be <br /> set aside for Open Space purposes is that area on the northwest, north and <br /> northeasterly portion of the premises , including that portion abutting Noisy <br />