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MEMORANDUM OF LAW AND FACT <br /> TO THE HONORABLE BOARD OF APPEALS OF THE <br /> TOWN OF MASHPEE, MASSACHUSETTS <br /> SUBJECT: Application submitted by John Malloy for Special <br /> Permit to allow construction of walkway, dock, ramp and <br /> tloat, and construction of single family dwelling on Lot 166 , <br /> Whippoorwill Circle, Mashpee, Massachusetts. <br /> This Memorandum is submitted in support of the Application <br /> dated January 14, 1987 ( the "Application" ) of John Malloy ( the <br /> "Applicant" ) , seeking a Special Permit pursuant to Section 6 .3 <br /> 1( 9 ) of the Zoning By-law of the Town of Mashpee, Massachusetts <br /> ( the "Zoning By-law" ) . The Applicant proposes to construct on Lot <br /> 166 , Whippoorwill Circle, Mashpee, Massachusetts ( the "Site" ) a <br /> walkway, dock , ramp and float ( together the "Dock" ) in accordance <br /> with plans submitted with the Application, and a single family <br /> awelling . <br /> Zonin., District. According to the Zoning map of the Town of <br /> Mashpee, Massachusetts, the Site is situated in a R-3M Zoning <br /> district. <br /> Dock. In accordance with Section 6.3 1 ( 9) of the Zoning By-law , <br /> the Dock is permitted in an R-3M zoning district subject to the <br /> granting of a special permit by the Board of Appeals and obtaining <br /> all other necessary permits from the town, state and federal <br /> government. Further, Section 6.3 1 ( 9) indicates that the Board of <br /> Appeals shall not grant the special permit it the structure will <br /> unduly interfere with the tree passage of travel by water or cause <br /> substantial disruption of the marine environment. Both abutters <br />