12/19/1986 CONSERVATION COMMISSION Minutes

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Mashpee Conservation Commission Meeting of December 19, 1986 ' Page 6. The intent i s to also obtain an order of conditions for a permanent addition to the foundation and house, 10 ft x 12 ft, and also to bring the existing deck around the south side of the house. The new deck would Imre a height of -1 - 4 f ee t f rom g round 1 evel . There i s no requ e s t for I ands a p i ng , f i 1 1 i ng , earth moving or dredging. The area where the existing deck is now and all areas to Ockway Bay will be as they now exist. The concrete slab will stay. on the north side there wou 1 d be a .footing . Any fill not required would be tarn off site. Well and septic wi l 1 remain the same. Not shown on the plan, the southerly lot is also owned by the Col pi tts . It runs all the way down Daniels Island Road to the tennis courts and is presently under an approved abatement by the assessors for conservation purposes . It was noted the property has been sold and is under agreement. As part of the agreement, it requires obtaining legal status for the floating pier and also for the addition and deck. This was reviewed by town counsel and he did not foresee any problem. Mr. Benway recommended an order or conditions be issued requiring the walkway be elevated. The client would be w i 1 1 i n to conform. Town Counsel has advised where it can be proven to have been in existence for over three years , they could continue to operate it exactly as it is . Mr. Ben ay stated he could obtain the statute that applies . It is under pre-existing uses which were legal prior to the passing of laws in the commonwealth. He requested an order of conditions stating the walkway should not be resting on the marsh and elevate it -1 feet to the floating pier. Ids Beh rma n advised once ar f i iced walk-way is attached to a floating dock, al l the rules and regulations for a dock apply and would start the whole round . Mr. Ben ay stated they do not wish to do that. Ms Behrman further advised that any pre-existing situation that has started to cause damage to a wetland area, the commission does have the state laws which allow the commission to stop it. There is no time limit on that. It was agreed plans would have to be submitted for a properly designed dock and approvals are required before the commission could consider i t. Mrs . a rs ters stated i f seeking legal status for the dock, Mr . Benway should obtain legal opinion of counsel that it is a pre-existing legal use. The commission cannot give an order of conditions legal i i ng it until it has been redesigned to meet specifications. Mr. Rosenberg stated a number is required from D E B and they require plans of the as-built. Mr. Ben ay stated the Colpitts will continue to use it but they want to conform it to existing conditions and requirements of today with respect to the environ- ment. nviron- m nt. They do not want to give up their rights of what they have had for 15 years . After discussion, the recommendation of the commission was for Mr . Benway to come i n with plans showing a n elevated walkway , have a letter from an abutter documenting the existence of this pier prior to 1971 and request a determination of app i cabi 1 i t . Mr. Benway requested wi thdrtawaI of the deck portion of the app ration at this hearing and asked to go forward 1. i th the deck.