01/27/2021 ZONING BOARD OF APPEALS Minutes

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�,„"q, Town of Mashpee h 16 Great Areck Poad,A1or1h Mas)tpee,Massachusetts 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE V-2021-14 Owners, Jack Foster and Allyson Poole-Foster Doc.: 1387737 and Lauren C. Foster Ct£: 221572 31 Wheelhouse Lane, (Map 120 Parcel 165) Mashpee, MA 02649 New Seabury Properties 98-3, LLC Doc.: 734082 5 Waterline Dr. North, (Map 120 Parcel 171) Ct£: 149470 Mashpee, MA 02649 A Petition was filed on December 21, 2021 by Owners, Jack Foster and Allyson Poole- Foster, and New Seabury Properties, LLC requesting a Variance under §174-31 of the Zoning Bylaws to vary the rear setback to allow for construction of a stairs and platform for a float complex on property located in an R-3 Zoning District, and Little Neck Bay District, 31 Wheelhouse Lane and 5 Waterline Drive North, Map 120 Parcel 165 and 171, 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 January 8, 2021 and January 15, 2021. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A §10 and the Town of Mashpee Zoning By-laws. Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, January 27,2021 and continued to February 24,2021 at which time the following members of the Board of Appeals were present and acting throughout; Chairman,Jonathan Furbush, Vice Chairman, William Blaisdell, Board Members, Ron Bonvie, Scott Goldstein, and Norman J. Gould. Attorney Kirrane represented the applications for construction of a stairway and platform to be used with a bottom anchored, Section 10A float complex. Attorney Kirrane mentioned that Chairman Furbush wanted to consult with the Town Planner whether or not the Board had the authority or the discretion to grant variance relief in connection with these types of complexes. Attorney Kirrane said that the Town Planner indicated that the Board does have the discretion to grant such setback variance relief in these circumstances. The reason this hearing was continued at the last meeting, there was a last minute opposition filed by the New Seabury Association with the owner of the property which came as a surprise to the Little Neck Bay Association because these types of facilities have been constructed on these open space areas in the Little Neck Bay subdivision for many years. An email from Attorney Samuel Zuckernick dated February 24, 2021 was read into the record that New Seabury Properties withdrew their letter of opposition dated January 21, 2021. 1