8/22/2018 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT The 21 Metacornet LLC c/o NTC3 LLC 21 Metacomet Road (Map 125 Parcel 63) Mashpee, MA 02649 SP-2018-37 Mr. Borselli said that the docks would be approximately 100 ft. apart. Docks all along Great River are much closer together. The distance between two docks is approximately 30 ft., and is plenty of space to maneuver a boat with an 8 to 10 ft. beam. GENERAL CRITERIA: The subject property located at 21 Metacomet Road is approximately 24,100 square feet. There were.abutters present, two opposed and one was in favor. The Board also read an abutter letter into the record. SPECIAL PERMIT CRITERIA: 174-25.I (9) Pier, ramp and float Fixed and floating piers,wharves,docks,boardwalk,both seasonal and year-round, subject to the securing of all necessary permits from the town, state and federal government agencies having jurisdiction over inland and/or coastal waterways and wetlands. Any dock proposed to extend across a total of more than seventy (70) feet of coastal beach, coastal bank,salt marsh or bordering vegetated wetlands,all as defined in 310 CMR,and/or coastal wetlands, freshwater wetlands, swamps or marshes, all as defined in MGL Chapter 131, §40, shall require a special permit from the Zoning Board of Appeals.All other docks will be permitted as of right. When a special permit is required, the applicant shall, at the time of filing a plan with the Board of Appeals, submit copies of said plan to the Conservation Commission,the Shellfish Commission,the Waterways Commission and the Harbormaster. Prior to the granting of any such special permit,the Board of Appeals shall consider comments and recommendations from the Conservation Commission, the Shellfish Commission, the Waterways Commission and the Harbormaster. Failure by any of the aforementioned to comment may be interpreted as approval of the proposal. The Board shall not grant the special permit if the structure will unduly interfere with free passage of travel by water or land or cause or contribute to the substantial disruption or degradation, through direct or indirect impacts, including uses allowed by said structure, on the marine or coastal environment. The applicant shall bear the burden of proof when questions exist about the proposal's contribution to environmental damage. 3