1989 JUL-DEC-ZBA APPEALS - Laserfiche WebLink

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P. 0. Box 1106 rA8 CA MASHPEE. MA 02649 BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT RE: Petition of John Malloy for a Special Permit SP-87-04-032 A Petition was filed by John and Dorothy Malloy of Mashpee, Massachusetts for a Special Permit for permission to construct a walkway, dock, ramp and float (collectively, the "Dock") , and construction of a single family dwelling in an R-3 zoning district on property located at Lot 166 Whippoorwill Circle (Map 125, Parcel 151) Mashpee, Massachusetts. The Board initially denied the Petition in a Decision filed with the Town Clerk on June 26, 1987, and the Malloys timely filed an appeal with the Barnstable Superior Court, Civil Action No. 87-593. Thereafter, the court entered a stipulation between the Malloys and the Board of Appeals whereby the public hearing on the Petition was reopened. Notice of the reopened public hearing 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 August 3 and August 10, 1988, 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, August 17, 1988 and continued September 14, 1988 and March 22, 1989. Members of the Board of Appeals present and acting throughout were: William J. Hanrahan, Michael A. Makunas and Richard E. Halpern. Prior to the reopened public hearing, the Mashpee Building Inspector determined that the construction of a single family dwelling on Lot 166 was permitted as of right pursuant to Section 5.5 of the Zoning By-laws as a non-conforming lot, and the Board of Appeals concurs with such determination.