03/12/2014 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE ASD Realty Trust, Alfred S. DeFazio, Trustee 204 Captains Row (Map 90 Parcel 2) Mashpee, MA 02649 V-2014-13 Attorney, Kevin Kirrane represented Mr. DeFazio's request to construct a dock complex on his property at 204 Captains Row. Normally, a petition of this nature would only require approval from the Conservation Commission, but because the length of the dock exceeds 70 feet, and he is requesting 90 feet from dry land to the Mashpee River, the applicant is required to obtain a Special Permit from the Zoning Board of Appeals. Mr. Kirrane provided a plot site plan depicting the Zoning and Conservation Commission requirements. He also included the Conservation Commission approved March 13, 2014, Order of Conditions to construct a dock complex. The lot is oddly shaped like a"pork chop" with a small part (in width) of the lot extending to the Mashpee River, and only approximately 29.8 feet wide.The minimum setback requirements for this lot,R3 zoning area is 40 feet from the front, and 15 feet from both sides and rear. The minimum setback to the wetlands is 50 feet. The dock and pier structure will extend approximately 96 feet from the shore into the Mashpee River, and will be 13.8 feet setback from one sideline and 11.5 feet from the other thus requiring a variance. Mr. Kirrane stated that not being able to access the Mashpee River from this lot, like his neighbors, will cause a financial hardship as the property is for sale. There was a question regarding the above ground pool that was built in back of the existing home and some deck work that was in need of permitting, as well as plantings that apparently had not survived. Mr. Kirrane provided the Board with the certificate of compliance. The pool and deck building permit was filed back in 1998 with the Building Department and this matter was resolved. Chairman, Jonathan Furbush read the Harbormaster comments into the record as follows: "The property line is within 11'.5"of the proposed dock and Chapter 91 requires 25' and would need to be addressed before the permit is approved. The Harbormaster requires that the dock/floats must be updated to black hard plastic encapsulated block flotation and all the foam/Styrofoam be removed and disposed of properly. This will help eliminate the issue of storm bourn debris on our bays, lakes and rivers. Also that the street address must be permanently and clearly displayed with minimum of 3" block letters with contrasting color at end of pier/piling for emergency purposes, and in addition to the owners address be permanently affixed on all floats and ramps with 3" block letters with contrasting color". GENERAL CRITERIA: The subject property located at 204 Captains Row consists of approximately 19,030 square feet. There were no comments from abutters. 2