12/11/2013 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPELAS Thomas F. Smith and Bonnie Ann Smith 266 Monomoscoy Road (Map 120 Parcel 57B) Mashpee, MA 02649 SP-2013-57 The Board received a letter from the Board of Health dated December 19, 2013 stating; "An executed operations and maintenance contract has been received from the Smith's for the composting toilet so the property is not in violation." Mr. Smith met with the Conservation Department who approved the project on November 14, 2013. Conservation requested the decking shall be grating and walkway section at end of marsh will be raised for 5' clearance for pedestrian traffic. The Board received a letter from the Harbormaster dated December 4,2013 stating; "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. The Harbormaster has no issue with these plans". General Finding: The subject property located at 266 Monomoscoy Road is approximately 18,500 square feet. Specific Findings: 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 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. 2