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Mashpee Zoning 2 <br /> Board of Appeals Robert and Joan Lee O'Leary Trustees <br /> O'Leary Family Trust <br /> SP-08-31 <br /> Mr. Slavinsky informs the Board there are no further comments from the Harbor Master <br /> —he was the one who suggested that the dock be shortened by 10 feet from the last <br /> application. They have done that. Additionally, Attorney Kirrane tells the Board the <br /> applicant will be surrendering their mooring should the special permit be granted and that <br /> will be available for someone to use. <br /> Mr. Nelson states "I just don't Imow if we can grant this dock to this lot when it is so far <br /> away" <br /> Jolm Slavinky states that once its is made, they cant change it. <br /> The question is raised "is this dock on Commonwealth of Mass property?" <br /> The Schultez have a dock as well. Mr. Slavinsky mentions a similar example that one of <br /> his clients Ray Tai has a dock in Mashpee Neck Marina and it has a similar situation. <br /> DEP is only interested in the MH water mark. <br /> The letter from Mary Chambers, an abutter that was opposed to the dock last year, the <br /> letter is now obsolete. <br /> The Board discusses they would entertain a motion to grant the special permit if Chapter <br /> 91A is approved and the Corp of Engineer has approved as well. Mr. Slavinsky tells <br /> them that they cannot get the dock without their approval. <br /> Jonathan Furbush makes a motion to grant the Special Permit. <br /> SPECIAL PERMIT CRITERIA <br /> Section 174-25.1.9 states that the Board must find that the structure will not <br /> unduly interfere with the free passage of travel by water or land or cause or contribute <br /> to the substantial disruption or degradation of the marine or coastal environment. <br /> GENERAL FINDINGS <br /> 1. that the subject property is located at 15 Tuspaquin Road and contains 18,000 <br /> square feet. <br />