06/27/2012 ZONING BOARD OF APPEALS Decision

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Town of Nashpee 16 Gt at Areck:koad V of t� Q�e`uisc Washpoe,-Massachusetts 02049 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT SP-2012-30 Mary E. Zocchi, Trustee Certificate of Title#: 115100 9 Ockway Bay Road Land Court Lot#: 13 Mashpee, MA 02649 Plan#: 16716-F Map 99 Parcel 49 A Petition was filed on May 31, 2012 by Mary E. Zocchi, Trustee, requesting a Special Permit under Section 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 9 Ockway Bay Road (Map 99 Parcel 49) Mashpee, MA. Due to schedule conflict on June 27, 2012, Agent requested continuance to July 11, 2012. 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 8, and June 15,2012, a copy of which is attached hereto and made a part hereof. Public Hearings were held on the Petition at the Mashpee Town Hall on July 11, 2012. The following members of the Board were present and acting throughout: Board Members Jonathan D. Furbush, William A. Blaisdell, James Reiffarth, Ronald S. Bonvie and Judith M. Horton. 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. Mr. Matt Costa of Christopher Costa & Associates, Inc. represented the Petition. In 2002, Ms. Zocchi received approval for similar plans for a pier, ramp, and float. Because those permits expired, the Petitioner is once again requesting a Special Permit to construct a 117-foot long pier on the subject property. This will allow for access to greater water depth into Ockway Bay. Mr. Costa said that the pier meets the required setbacks from the property lines and the required setbacks from neighboring piers. The Conservation Commission issued an Order of Conditions on June 26, 2012 for the house, dock and vista corridor. Shellfish Constable Richard York has also approved the proposal. Mr. Costa stated that the proposed house is not yet under construction. After a short discussion, the Board determined that construction of the dock will be contingent upon completed construction of a house on the subject property. No comments were received from abutters.