8/22/2018 ZONING BOARD OF APPEALS ZBA Decision

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Tovvn qf Mashpee 16(Sri tYt A'nr=k ad•1''r11t _loShpte,AMSQadufsells 0.2E49. MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT SP-2018-37 The 21 Metacomet LLC c/o NJCJ LLC Doc. ##: 1313285 Mr. James Whitney Ctf. 4: 211896 21 Metacomet Road (Map125 Parcel 63) Mashpee, MA 02649 A Petition was filed on by Owner, Mr. James Whitney, The 21 Metacomet Road LLC c/o NJCJ LLC, requesting a Special Permit under §174-25.1.9 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, at 21 Metacomet Road, Map 125 Parcel 63, Mashpee, MA. 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 July 27, 2018 and August 3, 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 Mashpee Zoning By-laws. Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, August 22, 2018 at which time the following members of the Board of Appeals were present; Chairman, Jonathan Furbush, Board Members, Ron Bonvie, Scott Goldstein, and Associate Members, Brad PittsIey and Sharon Sangeleer. Also present was Building Commissioner, Michael Mendoza. 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 was presented to the Conservation Commission. There were two public hearings with Concom and some questions and comments were expressed, therefore their hearing was continued. 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 impacted by reducing the crossing over the salt march with the least distance as possible. 1