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8/22/2018 ZONING BOARD OF APPEALS ZBA Decision
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8/22/2018 ZONING BOARD OF APPEALS ZBA Decision
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11/30/2018 5:01:22 PM
Creation date
11/30/2018 9:18:01 AM
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Mashpee_Meeting Documents
Board
ZONING BOARD OF APPEALS
Meeting Document Type
ZBA Decision
Meeting Date
08/22/2018
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MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A SPECIAL PERMIT <br /> The 21 Metacomet LLC c/o NJCJ LLC <br /> 21 Metacomet Road (Map 125 Parcel 63) <br /> Mashpee, MA 02649 <br /> SP-2015-37 <br /> After a fairly comprehensive review, the Conservation Commission issued an <br /> Order of Conditions, and added a specific condition into the order which initially was a 24 <br /> ft. ramp that leads to the float. Conservation asked him to eliminate two pilings and install <br /> a longer ramp. Those revisions were made to the plan, so there are only two pilings <br /> effectively in the tidal zone, and those two pilings are just to secure the two ends of the <br /> float. The dock has been designed to minimize any envirom-nental impacts,and he's asking <br /> for permission to proceed. <br /> Mr. Furbush read letter into the record from Susan Roth, the abutter who opposes <br /> the dock project. <br /> Mr. Borselli said that the policy is in accordance with DEP, Chapter 91 which is 25 <br /> ft.where feasible and is very specific.There are a number of reasons where it's not feasible <br /> however the basis for the requirement is so neighbors can co-exist and not be impacted by <br /> each other's docks, and will not impact each other in navigation. <br /> Mr. Borselli provided the Board with an aerial view of the lot. The vacant lot is <br /> number 23 Samoset who is the abutter to the left as you look at the water. It has an excess <br /> of 150 ft., and there's no dock. There's more than enough room to have a dock on that <br /> particular lot. He mentioned that the Zoning Bylaws do not allow a dock without a primary <br /> structure. <br /> Mr. Bonvie asked if Concom requested they would rather the dock be closer to the <br /> lot line, effect less of the wetlands, and therefore were concerned about the 25 ft. in this <br /> instance. <br /> Mr. Borselli said; yes. He said if he obtains a Special Permit, he would proceed to <br /> Chapter 91 application, and there would be a question as to why it's not 25 ft. off the <br /> property. He said that this application meets the Zoning Bylaw requirement, there's no <br /> variance requirement. It's a Special Permit application to be crossing 85 ft. of wetland, if <br /> it were 25 ft. away it would be a Special Permit request for 105 ft. <br /> Mr. Goldstein read the Conservation, Shellfish Constable, Board of Health and <br /> Inspection Department comments into the record. <br /> Associate Member, Sharon Sangeleer read the Harbormaster comments into the <br /> record. <br /> Mr. Furbush asked Mr. Borselli what is the adequate distance allowed between <br /> docks. <br /> 2 <br />
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