07/09/2014 ZONING BOARD OF APPEALS Decision

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Jeffrey and Whitney Brown 89 Whippoorwill Circle (Map 125 Parcel 153) Owner of Record: Christopher J. and Ann J. Salvo, Trustees Mashpee, MA 02649 SP-2014-31 Mr. Furbush, Chairman, read comments submitted by the following departments; Harbormaster comments dated July 3,2014;"Harbormaster has no issue". Board of Health email dated July 3, 2014; "no comments necessary", and an email dated July 3, 2014 Conservation; "No issues." There were no abutters present. GENERAL FINDINGS: The subject property located at 89 Whippoorwill Circle consists of 16,300 square feet. SPECIFIC FINDINGS: 174-25.I (9) Pier, ramp and float Fixed and floating piers,wharves,docks,boardwalk,both seasonal and year-round, subject to the securing of all necessary permits from the town,state and federal government agencies having jurisdiction over inland and/or coastal waterways and wetlands. Any dock proposed to extend across a total of more than seventy (70) feet of coastal beach, coastal bank,salt marsh or bordering vegetated wetlands, all as defined in 310 CMR,and/or coastal wetlands, freshwater wetlands, swamps or marshes, all as defined in MGL Chapter 131, §40, shall require a special permit from the Zoning Board of Appeals.All other docks will be permitted as of right.When a special permit is required,the applicant shall, at the time of filing a plan with the Board of Appeals, submit copies of said plan to the Conservation Commission,the Shellfish Commission,the Waterways Commission and the Harbormaster. Prior to the granting of any such special permit, the Board of Appeals shall consider comments and recommendations from the Conservation Commission, the Shellfish Commission, the Waterways Commission and the Harbormaster. Failure by any of the aforementioned to comment may be interpreted as approval of the proposal. The Board shall not grant the special permit if the structure will unduly interfere with free passage of travel by water or land or cause or contribute to the substantial disruption or degradation, through direct or indirect impacts, including uses allowed by said structure, on the marine or coastal environment. The applicant shall bear the burden of proof when questions exist about the proposal's contribution to environmental damage. History:Amended 5-4-1987 STM,Article 12,approved by Attorney General 8-17-1987.History:Amended 10-20-2008 ATM,Article 18,approved by Attorney General 2-11-2009. 2