05/08/2013 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR WITHDRAWAL WITHOUT PREJUDICE PETITION FOR A SPECIAL PERMIT SP-2013-12 John Slavinsky of Cape & Islands Engineering introduced himself representing Jeanne and Lewis Mantel, Trustees of Collinswood Trust. He stated that Jeanne and Lewis Mantel owned the property for forty three years. He stated this particular lot is connected to a large marsh and borders a body of navigable water. The Mantel's would like to build a dock and storage shed on this property. At the Conservation Commission meeting on Thursday, May 9, 2013 the Conservation Agent approved the pier, ramp and float because the consultant agreed to reduce the footprint of the parking lot and pull it back from the most landward wetland line by 10 feet. The Conservation Commission did not approve of the shed if the purpose was for boat storage. Cape & Islands Engineering agreed to remove the shed. The Zoning Board of Appeals concluded the meeting on Wednesday, May 22, 2013 and voted unanimously to continue the hearing until Wednesday, June 12, 2013 due the petitioner's request to file under another Zoning By-law Section 174-25-E (5). On June 5, 2013, Cape & Islands Engineering submitted two formal letters requesting continuance until Zoning Board Hearings dated Wednesday, July 10, 2013. At the Wednesday, June 12, 2013 Public Hearings, the following Board Members were present, Jonathan D. Furbush, William A. Blaisdell, Ron Bonvie, James Reiffarth, Associate Members John Dorsey, Domingo K. DeBarros, and Richard Jodka and Building Commissioner Richard Morgan were present. The Zoning Board of Appeals voted and accepted the petitioner's request to extend the hearing until Wednesday, July 10, 2013. At the Wednesday, July 10, 2013 Public Hearings, Cape & Islands Engineering requested an extension until the hearings on Wednesday, July 24, 2013 due to the lack of a quorum of the Zoning Board of Appeals. Pursuant to the provisions of Massachusetts General Laws Chapter 40A §9 and the Town of Mashpee Zoning By-laws, every petitioner is entitled to five (5) Zoning Board Members to hear their petition. As with every petition, in order to pass, there must be four positive votes. When all five members are present, you can have four positive votes, one negative vote, and the petition will still pass. There were only four (4) Zoning Board Members present. In order for this petition to pass there would have to be four positive votes. The petitioner is allowed to request a continuance and return in two weeks with five(5) Zoning Board Members in attendance. 2