5/24/2017 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES MAY 24, 2017 Mr. Goldstein seconded, yes, Mr. Furbush yes, Mr. Blaisdell, yes, and Mr. DeBarros, yes. All were in favor of the shed variance request. 44 Popponesset Island Road: Owner, Adam J. Decter requests a Special Permit under § 174-25 (1) (9) of the Zoning Bylaws to construct and maintain a dock complex which extends across a total of more than 70' feet of coastal wetland resource areas on property located in an R-3 Zoning District, Map 106 Parcel 23, Mashpee, MA. Board Member Scott Goldstein is stepping down from this hearing. Sitting in on this hearing is Jim'Gould. Attorney Kevin Kirrane represented the homeowner for the proposed dock complex. He said that most accessory docks are allowed as of right, however this dock extends more than 70 ft. over coastal resource areas so there is a requirement that the applicant come before the Board for the purposes of obtaining a special permit to extend more than the 70 ft. over coastal resource areas. The plan depicted that the total complex will extend over the coastal bank to the end of the float that is proposed about 215 ft. and making sure there is sufficient depth for docking a boat adjacent to the proposed float. The bylaw is clear and straight forward as long as the proposed dock is not adversely impacting wetland resource areas and not interfering with travel by land or by vessel. This dock complex has been approved by the Conservation Commission, and an order of conditions and a license has been granted by the Commonwealth of Massachusetts and the DEP. He respectfully asked the Board to approve the application. Chairman Furbush read the Harbormaster, Shellfish Constable, and the Conservation Agent comments into the record. He also read the Inspection Department Comments into the record. Mr. David Jay, of 40 Popponesset Island Road approached the Board and said he has no objections to the application but was concerned about his own dock complex. The Board suggested he bring his application into the Building Department for review. Mr. Bonvie made a motion to issue a Special Permit for the dock project. Referencing a Proposed Pier Design Plan to Accompany Notice of Intent Application, Prepared by: Cape & Islands Engineering, Revisions: No. 1: Date: 11/19/2016, Corrected Pier Dimensions to Match Plotted Scale, Made by: MC, Checked by: MC, Owner of Record: Adam Decter, 20 Vine Street, Newton, MA, Applicant: Adam Decter, 20 Vine Street, Newton, MA, Project Location: 44 Popponesset Island Road, Mashpee, MA (Barnstable County), Project Name: Popponesset Island _44, Assessors ID: 106-23-D, Approved by: MC, Checked by: MC, Drawn by: MC, Date: 10/13/2016. Also referencing the department head comments read into the record. Mr. DeBarros seconded, yes, Mr. Furbush, yes, Mr. Blaisdell, yes, and Mr. Goldstein, yes. All were in favor of the Special Permit for the dock complex. 2