3/25/1992 ZONING BOARD OF APPEALS Minutes

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TOWN OF MASHPEE Board of Appeals Minutes Wednesday, March 25, 1992 The Mashpee Board of Appeals held a meeting on Wednesday, March 25, 1992 at 7:30 P.M. and the Mashpee Town Hall. Board members present and acting throughout were: Michael A. Makunas, John J. Friel and Edward M. Govoni. Building Inspector Douglas S. Boyd was in attendance. Mr. Makunas called the meeting to order at 7:40 P.M. Steven Politi - Requests a Special Permit under Section 174-25.I.9 of the Zoning By-laws for permission to construct an elevated walkway to allow access to a relocated existing seasonal ramp, pier and floats in Popponesset Creek in an R-3 zoning district on property located at 133 Popponesset Island Road (Map 112, Block 17) Mashpee, MA. (Owner of record: Ann R. Politi) . Steven Politi - Requests a Variance from Section 174-25.1.9 of the Zoning By-laws for permission to vary the length of an elevated walkway to allow access to a relocated existing seasonal ramp, pier and floats in Popponesset Creek in an R-3 zoning district on property located at 133 Popponesset Island Road (Map 112, Block 17) Mashpee, MA. (Owner of record: Ann R. Politi) . Members sitting: M. Makunas, J. Friel, E. Govoni Attorney Michael Ford, Mario De Gregorio and an engineer from Eagle Engineering represented the applicant. Mr. De Gregorio presented plans of the existing pier, ramp and float which was built in 1981 . He explained that they are seeking licensing for a Chapter 91 waterways license and a Section 10 permit with the Corps of Engineers. He explained that both federal and state law forbid any structure to be within 25' of a property line and require a 5' elevation above the inter--tidal area. Mr. Makunas asked if the 25' line was the same as if the property line was extended over the water. Mr. Ford said it was 25' from the riparian rights line which may not be an extension of the property line but may be a line drawn perpendicular to the lot. Mr. DeGregorio explained that they were forced to move the structure and to elevate it to meet the requirements. He said there were 100' of saltmarsh landward of the mean high water mark and they were planning an elevated walkway to an elevated pier. He said this would protect the marsh vegetation. Mr. Ford referred to the zoning by-law limit of 70' measured from high tide mark. He said he considered the high tide mark as the rack line. Ile said this structure was less than 70' from spring high water and he did not think that variance relief was necessary. Mr. Boyd said he interpreted the high tide mark measurement the same as Mr. Ford and that was the intent when tie wrote the by--law. Mr. Friel moved that a variance was not required. Mr. Govoni seconded. All agreed.