1/27/2016 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS JANUARY 27, 2016 MINUTES Mr. Goldstein, seconded, yes, Mr. Furbush, yes, Mr, DeBarros, yes, Mr. Pittsley, yes. All were in favor. 184 Monomos coy Road: Owner, John Foley requests a Written Finding under §174-17 of the Zoning Bylaws requesting permission to extend a dock, pier, ramp and float across abutting property located at (0 Bay Road, Map 114 Parcel 44) in an R-3 Zoning District, (Map 114 Parcel 40A), Mashpce, MA. 184 Monomoscoy Road: Owner, John Foley requests a Special Permit under §174-25.1 (9) of the Zoning Bylaws to allow for construction of a dock, pier, ramp and float extending more than 70 feet of coastal beach, coastal bank, salt marsh or bordering vegetated wetlands, on property located in an R3 Zoning District, (Map 114 Parcel 40A), Mashpee, MA. Mr. Jeff Ryther, of BSS Design represented Mr. Foley for the request of the proposed dock project that will extend over Mr. Delory's property located at 0 Bay Road (Map 114 Parcel 44-0). He provided a plot plan showing the dimensions of a 4 ft. wide elevated walkway pier extending 113 feet, with a proposed section I OA aluminum ramp. He also provided an enlarged GIS map of Mr. Delory's marshland property along Great River and photographs of the design of the dock, ramp and float. There will be no pilings installed and will have two cross chains with bottom anchors. Mr. Furbush asked Mr. Delory if there was a legal right-of-way going across the property and also asked what if the person sells his property or there is an argument between the two neighbors. Mr. Delory said there is no legal easement in place yet. The Board is not able to approve an easement. Mr. Goldstein said he knows that other properties have been granted easements like this in New Seabury, Mr. Furbush said that the bylaws do not allow a dock on a vacant lot because it's considered an accessory use and must have a house (principle use). Mr. Furbush read the Conservation Comments into the record; "The commission has not reviewed this project yet. Mr. Foley would only be applying for the fixed pier portion of this project before the commission as the water body fronting his home is designated as an Area of Critical Enviromunental Concern by the state. What this means is that there can be no permanent structures placed below Mean High Water. Mr. Foley would need to apply for a 10-A Float license from the Mashpee Harbor Master (from what I've heard, there is currently a waiting list for 10-A floats). If he were to get a I O -A Float from the Harbormaster and a pen -nit fiom the conservation commission for a fixed pier terminating at Mean High Water, he could connect the two with an aluminum ramp. il