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0 <br />Town of Mashpee <br />MASHPEE ZONING BOAKD OF APPEALS 16 Great JVeck Pvoad Xorth <br />Re: Rick E. Brooks <br />Mashpee, Massachusetts 02649 <br />Decision for a Special Permit <br />95 Pickerel Cove Circle <br />Map 10 Parcel 10 <br />SP -03-50 <br />A Petition was filed on March 10, 2003 for a Special Permit by Rick E. Brooks, <br />under Section 174-25.I.9 of the Zoning By-laws for permission to construct a pier, ramp <br />and float on property located in an R-5 zoning district at 95 Pickerel Cove Road (Map 10 <br />Parcel 10) 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 Mashpee Enterprise, <br />a newspaper of general circulation in the Town of Mashpee, on March 14, 2003 and <br />March 21, 2003 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, April 9, 2003, at which time the following members of the Zoning Board of <br />Appeals were present and acting throughout: James Regan, Marshall Brem and Zella <br />Elizenberry. <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 />Attorney Robert Mills along with Arlene Wilson of A. M. Wilson Associates, <br />represented the petitioner Rick Brooks. They are seeking to build a 45 foot pier ramp and <br />float. Due to the location of the water, there is an endangered species of tide water <br />mussels. They have completed extensive analysis to satisfy the Massachusetts Natural <br />Heritage. The location of the pier has been placed according to the wishes of Mass <br />Natural Heritage as well. Conservation has given their approval as well. The design of <br />the pile has been done in such way so that they are left in the water all year long so as not <br />