08/14/2013 ZONING BOARD OF APPEALS Decision

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS DECISION OF DENIAL FOR PETITON OF SPECIAL PERMIT SP-2013-27 General Findings, The subject property is located at 270 Monomoscoy Road and consists of approximately 16,410 square feet of land bordering Great River. There were several abutters present. Special Permit Criteria: I. Accessory uses: 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 Co F lure n, the any Shellfish Commission, the Waterways Commission and the Harbormaster. 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. Specific Finding: The lot is vacant. In view of the foregoing, the Board voted unanimously to deny the Petitioner's request of the petition for 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, freshwater wetlands, swamps or marshes on property located in an R-3 Zoning District at 270 Monomoscoy Road (Map 120, Parcel 58), Mashpee, MA, due to the fact it is considered an "accessory use" and not allowed under this Bylaw. 2 I