05/14/2014 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MAY 14, 2014 Is MINUTES The record reflects the Conservation Commission has voted and approved an Order of Conditions to construct this dock complex on the lot. In addition, there was a question regarding the above ground pool that was built in back of the existing house and some deck work that was in need of permitting, and some plantings that apparently had not survived. The Board suggested the applicant provide the necessary plantings to obtain the certificate of compliance with Conservation. Mr. Kirrane provided the Board with the certificate of compliance and that matter was resolved. He also attached the Order of Conditions. Mr. Kirrane stated he also applied for Variance relief because the lot is an extremely odd shaped, and is next to an association parcel which occupies most of the 30 foot wide lot fronting the Mashpee River. The bylaws requires a 15 foot sideline setback and taking 15 feet from each side would obtain the whole portion of the lot where it abuts the Mashpee River, and someone would not be able to construct any facility of size in that area because of the 30 foot requirement and 15 foot setback from each side. Mr. Kirrane provided pictures of the property as well pictures of other docks that were approved in the area. This. property would be at a significant hardship and disadvantage if it were unable to take advantage of the fact that it has frontage on the Mashpee River as most of his neighbors, and he suggested that this hardship does relate specifically to the fact that the width of the lot at the Mashpee River is only 30 feet and without the appropriate relief from Zoning Board of Appeals, he would be unable to construct a dock of any kind. • The proposed dimension from the northerly property line is 13.8 feet and the proposed dimension from the southerly property line at the location of the dock structure is 11.5 feet. _ — ____The.Board_is_authorized to_i_ssue a spanning special permit relative to the of more than 70 feet of wet land resource areas provided the Board can determine or find that the proposed dock does not interfere with free passage of travel by water or land, and further than its approval will not cause or contribute to the substantial degradation on the marine coastal environment. The Board knows the Conservation Commission is the committee within the is Town of Mashpee as well as any other town within the Commonwealth of Massachusetts, designated to deal with issues as they relate to impacts on wetlandresource areas. Since the Conservation Commission approved and issued an order of conditions, in this particular instance it can be presumed what is being proposed, approved,.and conditioned does not create any interference with travel, or contribution to the degradation of marine or coastal resource areas. The Board would be well within its discretion to make the appropriate findings as it relates to the grant of a special permit, to allow the dock span more than 70 feet of wetland resource areas, and in relation to the variance. The hardship does relate to the configuration and shape of the dock. The Board can grant the relief without substantial detriment to the neighborhood or to the community. The plan depicts the lot lines extending further into the mean low water area on the southerly side, to address any issues that may come up in the event there's any State permitting. 2