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f Ol6'ry <br /> yT t <br /> Town of Nashpce <br /> 16 Great NiA load�A (o)ili <br /> MASHPEE ZONING BOARD OF APPEAL 1ahpee, Nla.ssachusetts 02649 <br /> Decision for a Special Permit <br /> RE: Dolores Balser Trust, 2 Sunset Circle <br /> Sunset Circle Nominee Trust Map 64 Parcel 1 <br /> SP-04-106 <br /> A Petition was filed on July 27, 2004 by Dolores Balser Trust, Sunset Circle <br /> Nominee Trust for a Special Permit under Section 174-25.I.9 of the Zoning By-laws to <br /> license and maintain an existing dock on property located in an R-5 zoning district at 2 <br /> Sunset Circle (Map 64 Parcel 1) Mashpee, MA. <br /> Notice was duly given to abutters in accordance with Massachusetts General <br /> Laws Chapter 40A. Notice was given by publication in The Cape Cod Times, <br /> a newspaper of general circulation in the Town of Mashpee, on August 6, 2004 and <br /> August 13, 2004 a copy of which is attached hereto and made a part hereof. <br /> A Public Hearing was held on the Petition at the Mashpee Town Hall on <br /> Wednesday, September 22, 2004 at which time the following members of the Zoning <br /> Board of Appeals were present and acting throughout: Robert G. Nelson, Zella <br /> Elizenberry, Frederick Borgeson, Richard Guerrera and Marshall Brem. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the <br /> provisions of Massachusetts General Laws Chapter 40A Section 9 and the Town of <br /> Mashpee Zoning By-laws. <br /> Joseph Harvey, Engineer from Norman Grossman's office, represented applicant <br /> at this hearing. When applicant purchased this house, the dock was done without <br /> conservation approval and no notice of intent was filed. They would like to correct this <br /> matter, thus the reason for the special permit. The engineers feel there would be more <br /> damage to the surrounding water area if they removed the pier, ramp and float than to <br /> repair it and get the proper permits in order. The Board visited this property and feels this <br /> would be an asset to the area. The Board moved 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 />