05/14/2014 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MAY 14, 2014 MINUTES Mr. Reiffarth asked if the Town requires two separate deeds showing salt marsh and into upland. Mr. Kirrane stated it depends on where the lot lines are and how the lot is depicted. You could actually have a description of the lot that goes to mean high water, and mean low water, so it doesn't necessarily require two separate deeds if your lot description is to mean low water. He relies on the engineer to provide deed information when he prepares his plans. Jonathan read the Harbormaster comments into the record stating; "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. Otherwise, The Harbormaster has no issue with this plan. Thank you, Stephen Mone, Harbormaster." Jonathan read the Conservation Commission comments into the record stating; "204 • Captain's Row has been permitted through Conservation." Jonathan stated the Building Permit was issued on May 14, 1998. Mr. Blaisdell asked Mr. Kirrane about the side setback of 15 feet and the Harbormaster is quoting 25 feet. Mr. Kirrane stated Chapter 91 is the State law and has nothing to do with the local bylaw. Mr. Bonvie made a motion to issue a Special Permit to ASD Realty Trust, Alfred S. DeFazio, Trustee Request a Special Permit under § 174-25.I (9) of the Zoning By-laws to allow for construction of a landing, stairs, pier, ramp and float extending across a total of more than seventy feet of coastal beach, coastal bank, salt marsh, or bordering vegetated wetlands and/or coastal wetlands, on property located in an R-3 Zoning District at 204 Captains Row, (Map 90 Parcel 2), Mashpee, MA. Making reference to the Harbormaster requirements. Referencing a plot plan prepared for owner of record; Alfred S. DeFazio, Trustee, ASD Realty Trust 35 Butts Street, Newton Upper Falls, MA 02164, by Cape & Island Engineering, 800 Falmouth Road Ste. 301C, Mashpee, MA. Project: Proposed Dock Plan 204 Captains Row, Mashpee, MA. Sheet No: 1 of 2, dated: 12/2/2013, revision date, 2/10/14, and 2/27/14. Drawing Title: Proposed Pier, Ramp & Float Site Plan. Mr. Jodka seconded, yes, Mr. Furbush, yes, Mr. Blaisdell, yes, Mr. Reiffarth, yes. All were in favor. 0