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MASHPEE ZONING BOARD OF APPEALS
<br /> DECISION FOR A SPECIAL PERMIT
<br /> ASD Realty Trust, Alfred S. DeFazio, Trustee
<br /> 204 Captains Row(Map 90 Parcel 2)
<br /> Mashpee, MA 02649
<br /> SP-2014-12
<br /> SPECIAL PERMIT CRITERIA:
<br /> I. Accessory uses
<br /> 174-25.I (9) Pier, ramp and float
<br /> Fixed and floating piers,wharves,docks,boardwalk,both seasonal and year-round, subject
<br /> to the securing of all necessary permits from the town, state and federal government
<br /> agencies having jurisdiction over inland and/or coastal waterways and wetlands. Any dock
<br /> proposed to extend across a total of more than seventy (70) feet of coastal beach, coastal
<br /> bank,salt marsh or bordering vegetated wetlands, all as defined in 310 CMR,and/or coastal
<br /> wetlands, freshwater wetlands, swamps or marshes, all as defined in MGL Chapter 131,
<br /> §40, shall require a special permit from the Zoning Board of Appeals.All other docks
<br /> will be permitted as of right.When a special pen-nit is required,the applicant shall, at the
<br /> time of filing a plan with the Board of Appeals, submit copies of said plan to the
<br /> Conservation Commission,the Shellfish Commission,the Waterways Commission and the
<br /> Harbormaster. Prior to the granting of any such special permit, the Board of Appeals shall
<br /> consider comments and recommendations from the Conservation Commission, the
<br /> Shellfish Commission, the Waterways Commission and the Harbormaster. Failure by any
<br /> of the aforementioned to comment may be interpreted as approval of the proposal. The
<br /> Board shall not grant the special permit if the structure will unduly interfere with free
<br /> passage of travel by water or land or cause or contribute to the substantial disruption or
<br /> degradation, through direct or indirect impacts, including uses allowed by said structure,
<br /> on the marine or coastal environment. The applicant shall bear the burden of proof when
<br /> questions exist about the proposal's contribution to environmental damage.
<br /> History: Amended 5-4-1987 STM, Article 12, approved by Attorney General 8-17-1987.
<br /> History: Amended 10-20-2008 ATM, Article 18, approved by Attorney General 2-11-
<br /> 2009.
<br /> In view of the foregoing, the Board determined that the Petitioner met the criteria
<br /> for grant of a Special Permit under §174-25.1 (9) of the Zoning By-laws to allow for
<br /> construction of a landing, stairs,pier, ramp and float extending across a total of more than
<br /> seventy feet of coastal beach, coastal bank, salt marsh, or bordering vegetated wetlands
<br /> and/or coastal wetlands, on property located in an R-3 Zoning District at 204 Captains
<br /> Row, (Map 90 Parcel 2), Mashpee, MA. Upon motion duly made and seconded at the
<br /> Public Hearings on May 14, 2014.
<br /> This Special Permit is conditioned upon the Harbormaster requirements and a plot
<br /> plan prepared for owner of record; Alfred S. DeFazio,Trustee,ASD Realty Trust 35 Butts
<br /> Street, Newton Upper Falls, MA 02164, by Cape & Island Engineering, 800 Falmouth
<br /> Road Ste. 301 C,Mashpee,MA.Project: Proposed Dock Plan 204 Captains Row,Mashpee,
<br /> MA. Sheet No: 1 of 2,dated: 12/2/2013,revision date,2/10/14,and 2/27/14. Drawing Title:
<br /> Proposed Pier, Ramp &Float Site Plan.
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