7/24/1991 ZONING BOARD OF APPEALS Minutes

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Board of Appeals Minutes - July 24, 1991 2. Mr. Friel amended the motion to grant the Special Permit with the stipulation that boat usage and anchorage be restricted to the float area and that power boats be limited to a 2 1/2' draft. Mr. Hanrahan seconded. All agreed. Mr. Makunas informed Mr. Wilson that the Board required a new certified plan including the pilings. Arnold J. and Garol_yn S. Kroll - Request a Special Permit under Section 174-25.1.9 of the Zoning By-Laws for an existing pier, ramp and float in an R-3 zoning district on property located at 212 Daniel's Island Road (Map 100, Block 26) Mashpee, MA. Members sitting: W. Hanrahan, M. Makunas, J. Friel Engineer Stephen A. Wilson represented the applicant. He said that the dock was in place when the Kroll's purchased the property in 1981 and they were seeking a license under the amnesty program. Mr. Makunas asked if there was any proposal to improve the dock and get it away from shallow water. He said that the dock ends in less than 2' of water and might have less impact if it was extended by stay within the 70' limit. Mr. Wilson said the dock is used by a 15' whaler and a 17' sailboat. Mr. Somerville stated his concerns that the dock was in very shallow water and that it could be extended 12' . He said there was no horizontal view of the pier and that this dock is not that high and people cannot pass under it. He said it could be built higher or have a set of steps over it. He would prefer it built up and have the float going the other way. Mr. Wilson explained that even if a float is changed the State considers it a whole new pier and could not be considered under the Amnesty program. He said that plank spacing could be changed without changing the outline of the structure. Mr. Friel stated that the Board has the responsibility to interpret the zoning by-laws. Mr. Govoni asked what were the differences from the amnesty program and putting an extension on the dock. Mr. Wilson replied that the license period under the amnesty period is 99 years and a new dock application would be 30 years, higher fees and compliance with current regulations. Mr. Makunas suggested that the petitioner be informed of the Board's suggestions that the dock could be improved and be within the 70' limit. Mr. Makunas moved to take the petition under advisement. Mr. Friel seconded. All agreed.