07/09/2014 ZONING BOARD OF APPEALS Decision

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Town of Mashpee 16 Great creek&ad JVortlz CIS11 ien,,Jylassadlusetts QA49 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT SP-2014-31 Jeffiey and Whitney Brown Certificate of Title: 187433 89 Whippoorwill Circle Land Court Lot: 164 (Owner of Record: Christopher J. Salvo and Plan: 26502-F Ann J. Salvo; Trustees, Whippoorwill Realty Trust) (Map 125 Parcel 153) Mashpee, MA 02649 A Petition was filed on June 5, 2014 by Jeffrey and Whitney Brown requesting 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 on property located in an R-3 Zoning District at 89 Whippoorwill Circle, (Map 125 Parcel 153), Mashpee, MA (Owner of record: Christopher J. and Ann J. Salvo, Trustees). Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on June 20, 2014 and June 27, 2014 a copy of which is attached hereto and made a part hereof. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A §9 and the Town of Mashpee Zoning By-laws. Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, July 9, 2014 at which time the following members of the Board of Appeals were present; Chairman, Jonathan Furbush,Vice Chairman,William Blaisdell, Clerk,Ron Bonvie, Board Member Richard Jodka, and Associate Member, Scott Goldstein. Also present was Building Commissioner, Richard Morgan. Joel Kubick, of Holmes and McGrath represented the petitioner requesting to extend the length of the existing pier which requires a new special permit. The proposed project includes the construction and maintenance of a 17-foot long extension to the existing timber pier and reconfiguration of the existing ramp and float. Electric and water services will also be installed. The pier is a reconfiguration of the existing float that will provide private access to the navigable waters of Great River. The proposal was approved by the Conservation Commission and is pending issuance of Order of Conditions. It was also reviewed by the Harbormaster and Shellfish Warden. The pier does not extend any further than the neighboring piers and is just to reach deeper water. 1