12/09/2020 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES DECEMBER 9, 2020 0 Melissa Avenue: Owners, Suzanne M. and Kevin G. McCartney request a Special Permit under §174-25 (H) (7) to allow for construction of stairs, platform, and dock complex on a vacant parcel of land on property located in an R-5 Zoning District, Map 21 Parcel 7B, Mashpee, MA. 0 Melissa Avenue: Owners, Suzanne M. and Kevin G. McCartney request a Variance under §174-31 (Land Space Requirements) of the Zoning By-Laws to vary the rear setback, side setbacks, and lot size requirements to allow for construction of stairs, platform, and dock complex on a vacant parcel of land on property located in an R-5 Zoning District, Map 21 Parcel 7B, Mashpee, MA. Attorney, Kevin Kirrane represented the applicant for the dock complex. He mentioned that there was a time that a vacant parcel of land with no house, and an accessory structure such as a dock was not allowed. In 1993, Town Meeting changed that bylaw to allow for what is viewed as an accessory dock complex on a lot even though there was no principal residential use, and required the applicant to apply for Special Permit relief from the Zoning Board of Appeals. This lot that does not have a principal residential use on it. The lot is almost 12,000 sq. ft., has 25 ft. of frontage along Melissa Avenue, and is about 20 ft. wide. The photographs of the current conditions depicted some very unstable stones that provide access to the pier complex near the water. The proposal involves a wooden walkway and stairway to navigate the steep slope down to the pier, dock and float complex. Section 174- 25 (H) (7) allows for a Special Permit application. The project was approved by the Conservation Commission. The site plan has very mature trees that are situated on the lot, and in an effort to save those trees, the work requires negotiating to work around those trees to locate the platform and stairway that will be closer to the property line. Given the width of the lot, there is no way this would comply with the current setback requirements of 30 ft., and the lot is only 20 ft. wide. The request for Variance relief is from the side yard setbacks, and from the rear yard setback because of the increase in the rear to the mean high water. This application did not include the setbacks from the wetlands because this is a type of use that is specifically excluded for the need of relief as noted under Section 174-33. The site plan depicted an 8 ft. x 12 ft. shed that is beyond the 50 ft. setback, and meets the setbacks as required under the Zoning bylaw. The Board confirmed that the shed is located 5 ft. from the property line. Jonathan read the bylaw section 174-25 (H) (7) into the record. Attorney Kirrane said that this is a very unique lot given the shape and topography. Jonathan polled the Board; there were no more comments. Sharon read the Conservation Comments that it was approved. Board of Health had no comments. 3