05/14/2008 ZONING BOARD OF APPEALS Minutes

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lown of Mashpce MASHPEE ZONING BOARD OF APPEALS 16 Great 'A JVec�, load��o�t1t U(ishlice, Nktssacht.tsetts 02649 Decision for a Special Permit RE: Kathleen and Michael Bowler 37 Birch Way Map 27 Parcel 85 SP-08-18 A Petition was filed on April 14, 2008 for a Special Permit under Section 174- 25.1.9 of the Zoning By-laws to construct and maintain in perpetuity a portable seasonal dock in John's Pond on property located in an R-5 zoning district at 37 Birch Way (Map 27 Parcel 85) Mashpee, MA. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on June 6, 2008 and June 13, 2008 a copy of which is attached hereto and made a part hereof. A Public Hearing was scheduled to be held on May 14, 2008,but the hearing for the Petition was held on Wednesday, July 9, 2008 at the Mashpee Town Hall at which time the following members of the Zoning Board of Appeals were present and acting throughout: Robert Nelson, James Reiffarth, Jonathan Furbush, William Blaisdell and Jack Dorsey. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A Section 9 and the Town of Mashpee Zoning By-laws. Amy Lipkind of Coastal Engineering represents the applicants at this hearing. They are seeking a Special Permit for a pier, ramp and float. They have received their Order of Condition from Conservation and are all set with them. James Reiffarth asks what the distance is between the pilings. Ms. Lipkind answers that they are 6 feet and is adjustable since this is a seasonal float. Mr. Nelson sees no problems with this request and will entertain a motion. Jonathan Furbush makes a motion to grant a Special Permit. James Reiffarth seconds the motion. All agree. So moved.