01/27/2021 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Owners, Jack Foster and Allyson Poole-Foster and Lauren C. Foster New Seabury Properties 98-3, LLC 31 Wheelhouse Lane and 5 Waterline Drive North (Map 120 Parcel 165 and 171) Mashpee, MA 02649 V-2021-14 The site plan depicted the proposed 4' x 4' platform supported with posts, and a 3 ft. wide stairway and will be utilized with a bottom anchored float. There will be a ramp which will be constructed from that stairs and platform to the bottom anchored float which will be removed during the winter months as required by the Harbormaster. The variance request is because the platform is located close to the coastal bank at 13 ft. off the rear lot line which is measured from the mean high water lot line. Under §174-25 (H) (7),these type of complexes are permitted even though there is no primary residential use on the property. It is not a commercial undertaking,there are no proposed sanitary facilities, and there are no coverage issues. The variance request is for the setback relief from the wetland resource areas. The Board read an email into the record dated February 24, 2021 from the Building Commissioner that this project will require a building permit because it's over 30 inches in height. There were no more comments. In view of the foregoing, the Board determined the Petitioner met the criteria for a Variance. Upon motion duly made and seconded at the Public Hearings on Wednesday, February 24, 2021,the Zoning Board of Appeals voted unanimously to issue a Variance to Owners, Jack Foster and Allyson Poole-Foster, and New Seabury Properties, LLC at 31 Wheelhouse Lane and 5 Waterline Drive North under §174-31 of the Zoning Bylaws to vary the rear setback to allow for construction of a stairs and platform for a ramp and float complex on property located in an R-3 Zoning District, and Little Neck Bay District, Map 120 Parcel 165 and 171, Mashpee, MA,with the following conditions; 1. The Board has determined that the applicant meets all the conditions of a Variance under Mass General Law 40A Section 10. 2. Site and Building Plan: Prepared for Jack Foster and Allyson Pool-Foster of 130 Clark Street Newton, MA, Project: 31 Wheelhouse Lane and 5 Waterline Drive North, Mashpee, MA. Assessor's ID: Map 120 Parcel 165 & Parcel 171. Drawing Title: Proposed Site Modifications, Additions, and Proposed Platform. Date: May 19, 2020, Revised November 13, 2020. Added Dimensions, Prepared by Cape & Islands Engineering. 3. Conditioned on all Town Department comments read into the record. Including but not limited to the Building Department letter read into the record. 4. The applicant's plan depicts that there is a 13 ft. setback from the rear of the property, a 15 ft. setback is required, and the Board issues a 2 ft. Variance. 2