7/11/2018 ZONING BOARD OF APPEALS ZBA Decision

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Town of-All zshpee lei Crtrrcl%i-=rct. oac(,h [It Alassachaselis 020'49 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A MODIFICATION TO SPECIAL PERMIT (SP-2012-30) SP-2018-3I Mary E. Zocchi, Trustee Doc.: 1205179 9 Ockway Bay Road Cert.: 115100 (Map 99 Parcel 49) Lot: 13 Mashpee, MA 02649 Plan# 16716-F A Petition was filed on May 25, 2018 by Petitioner, William R. Haney requesting an extension to an existing Special Permit (SP-2012-30) under §174-25.1.9 of the Zoning Bylaws that was issued back in July 2012, for a landing, stairs, pier, ramp and float on property located in an R-3 Zoning District, 9 Ockway Bay Road, Map 99 Parcel 49, Mashpee, MA. (Mary E. Zocchi, Trustee). Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A.Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on June 1', 2018 and June 8, 2018 a copy of which is attached hereto and made a part hereof. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A §9 and the Town of Mashpce Zoning By-laws. Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, July 11, 2018 at which time the following members of the Board of Appeals were present; Chairman, Jonathan Furbush, Vice Chairman, William. Blaisdell, Board Member Scott Goldstein, and Associate Members, Brad Pittsley, Norman J. Gould, and Sharon Sangeleer. Also present was Building Commissioner, Michael Mendoza. Attorney Brian Wall represented the applicant for the request to extend a Special Permit for the dock. The subject property is a vacant piece of land at 9 Ockway Bay Rd, and in 2012 the property owner obtained a Special Permit from the Board that was approved for the dock. Because the property is vacant, the Board issued a condition that the construction of the dock is subject to construction of a house. The land is still vacant, the house was not constructed, and the permit will be expiring on August 6, 2018. The applicant is asking for a modification specifically with regard to the expiration date, and asked for an extension of the Special Permit. The Board continued the hearing because they wanted clarification on the expiration date of the dock permit from. Conservation. On July 11, 2018, the Board received comments from the Conservation Agent confirming that the dock permit was still valid,but is due to expire in 2019. There was also a condition that the dock could not be built without a house. The Board was concerned about continuing or extending the permit without knowing the status of the underlining wetlands permit. 1