1989 JUL-DEC-ZBA APPEALS - Laserfiche WebLink

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BOARD OF APPEALS John Malloy - SP-87-04-032 Page 2. The Board also determined, with the concurrence of Town Counsel, that the relief sought pursuant to the Petition with respect to the construction of the Dock was governed by Section 6.3.I.9 of the Zoning By-law in force and effect on July 15, 1987, which is the date on which the Malloys filed an appeal with the Barnstable Superior Court. Section 6.3.I.9 provides in relevant part that "the Board of Appeals shall receive the advice and recommendations of the Conservation Commission and the Harbormaster, and shall not grant the Special Permit if the structure will unduly interfere with free passage of travel by water or cause substantial disruption of the marine environment." During the course of the hearings, the Board received oral and written testimony from the Mashpee Conservation Commission, Mashpee Shellfish Commission, the Mashpee Harbormaster, the Malloys, the Malloys' attorney, Patrick C. Toomey, the Malloys' surveyor, John Slavinski of Cape & Islands Surveying Inc. , the Malloys' shellfish consultant, Robert M. Gray of Sabatia, Inc. and other interested parties. In response to concerns expressed by the members of the Board of Appeals, the Conservation Commission, the Shellfish Commission, the Harbormaster and the public, the Malloys agreed to relocate and reconfigure the walkway, dock, ramp and float, and to conduct a study of the standing crop of shellfish resources and supporting submerged vegetation which might be affected by construction of the Dock. The reconfigured and relocated Dock is shown on a plan entitled "Proposed Dock, Ramp & Float" located in Mashpee, MA prepared for John Malloy by Cape and Islands Surveying Inc, dated January 24, 1989, which plan was delivered to the Board of Appeals, Conservation Commission, Shellfish Commission, Harbormaster and Inland and Coastal Waterways Committee. The shellfish study which was similarly delivered is entitled "Shellfish Survey Pursuant to MGL c 131, 40 and Mashpee Town By-laws", dated October 23, 1988, prepared for John Malloy by Sabatia, Inc. Such plan and study are incorporated herein by reference thereto. IJ