05/23/2001 ZONING BOARD OF APPEALS Decisions

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he lived within a 300 feet radius of the proposed project, isjl not listed on that list. 9. A public hearing on the application was held at Mashpee ' s Town Hall on or about May 4 , 2001, and then continued on two Vii ( dates, first to June 13, 2001, then to July 11, 2001 , while the Applicant obtained approval from the Conservation, i Shellfish, and Waterways Commissions. 1 s 10. During the course of the three hearings before the Defendant ' r Board of Appeals, over objections from the Plaintiffs and !i others , the Board granted the Special Permit as set forth in a decision dated July 12 , 2001, and filed with the Town Clerk of the Town of Mashpee on that date, a copy of which is attached hereto and marked as "Exhibit B. 11. The Plaintiffs are aggrieved by the Board' s decision because the pier would have a significant adverse impact on public < lands , neighboring properties , and would otherwise be detrimental to the town and the area. 12. During the first hearing, the Board was specifically informed ' 1 that the Applicant ' s land in question was used as a public way, questions were raised and not addressed whether the actual location of the land was properly filled wetlands , and safety concerns were raised regarding youths ' access to the pier. 13. The Board in its final decision, ignored all of the concerns listed above, and its decision focused on Section 174-25 .I. 9 of the Town of Mashpee' s Zoning By-Laws (hereinafter "the By Laws) , which, quoting the Board' s characterization of that section, has it considering whether the proposed structure will "unduly interfere with the free passage of travel by water or land or cause or contribute to the substantial disruption or degradation of the marine or coastal environment. " 14. In issuing its decision, the Board ignored other relevant I : provisions of the By Laws which are to be read in harmony with, or supersede, Section 174-25.I. 9. I' 15. The By-Laws, Article VI, §174-24 (C) (2 ) , states the Board may only issue a special permit if it is determined that the proposed use or development will not have an adverse impact on public lands or neighboring properties and will not otherwise be detrimental to the town or the area. 16. The Board also did not consider imposing legitimate conditions when approving the application, focusing instead on an agreement for judgment between the Applicant and the ; 3 I