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1 •- <br /> T� t <br /> \ r O(Un Of � IISh�JPE <br /> P. O. BOX 1106 <br /> ABLE�� - MASHPEE. MA 02649 <br /> BOARD OF APPEALS <br /> 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, 1990, 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 Sanick:i 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 741 , these were <br /> revised to 701 . <br /> Testimony was received from Paul Somerville, Shellfish <br /> Constable, stating his concern with the impact on the <br /> soft-shell clam beds and quahog beds . in the area. He stated <br /> that he agreed with the Sabatia shellfish report submitted <br /> with the application. He reviewed lot plans of the area and <br /> said there were 3 out of 7 lots in the area without docks and' <br /> would consider this a community structure if the owners of <br /> lots 151 , 153 and 155 provided documentation that they would <br /> agree never, to build docks. He also requested documentation <br /> from the Association stating that this dock would be <br /> available to everyone who has rights to Association property. <br />