01/08/2020 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A MODIFICATION OF SPECIAL PERMITS) (SP-83-3-008, SP-00-167, SP-02-59) Petitioner, Shoestring Bay Nominee Trust Owner, Timothy W. Leedham, Trustee of Shoestring Bay Nominee Trust 21 Frog Pond Close (Map 90 Parcel 83) Mashpee, MA 02649 SP-2020-06 (MODIFICATION) Attorney Kirrane said the Board could include a condition and approve the plan that doesn't have that additional paving, and it would be treated as a minor modification of this plan provided that the Conservation Commission indicated that it wasn't an issue, and would not require an amendment to the order of conditions issued by the Conservation Commission. There were no comments from the Board of Health, and the project was approved by the Conservation Commission. In view of the foregoing, the Board determined the Petitioner met the criteria for a modification of the Special Permit(s). Upon motion duly made and seconded at the Public Hearings on Wednesday,January 8,2020,the Zoning Board of Appeals voted unanimously to issue a modification to existing permits that were issued to Shoestring Bay Nominee Trust, of 21 Frog Pond Close under §174-25 E (5), and §174-17 and its predecessor to allow for an increase in the number of boat slips to 154,and additional parking on property located in an R-3 Zoning District, Map 90 Parcel 83, Mashpee, MA with the following conditions; 1. The Board has determined that the applicant meets all the conditions of a Special Permit Modification under Mass General Law 40A Section 9. 2. Site Plan: Prepared for: Shoestring Bay Nominee Trust, 21 Frog Pond Close, Mashpee, MA. Prepared by: Cape & Island Engineering, Date: August 20, 2018, Rev. 1, Date: 10/21/19, Description: Revise Sheet C-101. Sheet Number: G-101: Cover Sheet, V-101: Existing Conditions, C-101: Site Layout Plan. Signed by: Matthew C. Costa,No.: 52282, and Raul Lizardi-Rivera,No.: 46845. 3. Conditioned on all Town Department comments read into the record. 4. Conditioned upon approval of the permit request to add additional slips from 79 to 154, to accommodate the additional parking including handicapped parking. This modification does not constitute an approval of either the construction of or the location of the two new non-permitted structures on the site. The Board specifically makes no finding as to the zoning compliance or the ability to continue using those non-permitted structures. 5. Conditioned upon approval from the Conservation Agent and/or the Conservation Commission regarding the parking. 6. The Board also references comments in the draft meeting minutes of the Plan Review meeting dated December 17, 2019. 4