03/10/2021 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES MARCH 10, 2021 They are proposing to construct the platform stairway and they will have the removable ramp which will attach to the bottom anchored 10A float that is licensed by the Harbormaster. There was a question by the Board if they had the authority to grant Variance relief in connection with these type of applications. Chairman Furbush had consulted with the Town Planner, and it was determined and confirmed that these applications are within the prevue of the Board. The application is to request a Special Permit to construct an accessory use that is on a lot that cannot be developed for single-family use, and is specifically allowed under §174-24 (C). There is also a request for Variance relief because of its location for the purpose of crossing into the wetland area in order to access the bottom anchored float. Also, this particular lot is a corner lot that fronts on Monomoscoy West, platform is situated within and requires Variance relief, as well as the rear yard because it does cross the mean high water which will serve as the rear yard lot line for the property. The Variance request is 22 ft. from the front yard requirement of 40 ft. f high water mark of the pond. Chairman Furbush agreed that he had a conversation with the Town Planner, and agreed that the Board has the right to issue a Variance. He has no issues, and being a corner lot, there can be some request for relief. Mr. Ganzenmuller read the Conservation Comments dated March 4, 2021 into the record. . There were no more comments from the Board. Mr. Bonvie made a motion that the Board issue a Special Permit to Owners, Sean B. Burke and Katherine M. Burke, Trustees under §174-25 (H) (7) of the Zoning Bylaws to allow for construction of a stairs and platform for use in connection with a ramp and float complex on property located in an R-3 Zoning District, at 23 Monomoscoy Road West, Map 114 Parcel 8, Mashpee, MA, with the following conditions; 1. The Board has determined that the applicant meets all the conditions of a Special Permit under Mass General Law 40A Section 9. 2. Site Plan: Prepared for: Sean B. and Katherine M. Burke Trustees, Burke Revocable Trusts, 23 Monomoscoy Road West, Mashpee, MA. Sheet No. 1 of 1 Date: March 24, 2020, Drawn by: JVB, RLR, Checked by: MC, Prepared by: Cape & Islands Engineering. Drawing Title: Proposed Shoreline Stabilization And Timber Platform. Signed by: Matthew C. Costa Professional Land Surveyor, No.: 52282. 3. Conditioned on all Town Department comments read into the record. Including but not limited to comments read into the record from the Conservation Commission. 2