8/22/2018 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES AUGUST 22, 2018 21 Metacomet Road: Owners, The 21 Metacomet Road LLC c/o NJCJ LLC, request a Special Permit under §174-25.I.9 of the Zoning Bylaws to allow for construction of an elevated walkway, pier, ramp, and float on property located in an R-3 Zoning District, Map 125 Parcel 63, Mashpee, MA. Mr. Michael Borselli, of Falmouth Engineering represented the applicant for-the dock project. Mr. Whitney was also present. Mr. Borselli said he is seeking a Special Permit to allow for a dock to be located on 21 Metacomet Road. The reason for the application is because the dock is in excess of 70 ft. length over wetlands as defined in the bylaw. The overall length of the walkway, ramp and float from the most upper land edge of the wetland to the seaward end is 85 ft. The project went in front of the Conservation Commission. There were two public hearings with Concom,and there were some questions and comments expressed, so they continued the hearing. There was an onsite meeting with Andrew McManus, Conservation Agent, and Rick York, DNR Director, and there were also comments from the Harbormaster. Subsequent to all the comments discussed,the plan was revised such that he shifted the dock so that it minimizes the greatest extent possible to the wetlands impact by reducing the crossing over the salt march with the least distance as possible. After a fairly comprehensive review, the Conservation Commission issued an Order of Conditions, and added a specific condition into the order which initially was a 24 ft. ramp that leads to the float, but Conservation asked him to eliminate two pilings and install a longer ramp. Those revisions were made to the plan, so there are only two pilings effectively in the tidal zone, and those two pilings are just to secure the two ends of the float. The dock has been designed to minimize any environmental impacts, and he's asking for pennission to proceed. Mr. Borselli said he received an email from an abutter who opposes the project. Mr. Furbush read letter into the record from Susan Roth,the abutter who opposes the dock proj ect. Mr. Borselli said that the policy is in accordance with DEP, Chapter 91 which is 25 ft. where feasible and is very specific. There are a number of reasons where it's not feasible however the basis for the requirement is so neighbors can co-exist and not be impacted by each other's docks, and will not impact each other in navigation. He provided the Board with an aerial view of the lot. The vacant lot is number 23 Samoset who is the abutter to the left as you look at the water. It has an excess of 150 ft., and there's no dock. There's more than enough room to have a dock on that particular lot. Mr. Borselli mentioned that the Zoning Bylaws do not allow a dock without a primary structure. He said he is trying to honor the requirements of the Conservation Commission. He said he always tries to honor the 25 ft. policy where feasible. 5