06/27/2012 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS Mary E. Zocchi, Trustee 9 Ockway Bay Road Mashpee, MA 02649 SP-2012-30 General Findings: The subject property is located at 9 Ockway Bay Road and consists of 1.420 acres of land. Section 174-25.I.9: 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. Specific Findings. • The Conservation Commission approved the proposal and issued an Order of Conditions on June 26, 2012. • Shellfish Constable Richard York's memo to the ZBA office on June 13, 2012 states that the proposal would not pose a problem for shellfish. • The structure will not 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 Petitioner shall bear the burden of proof when questions exist about the proposal's contribution to environmental damage. In view of the foregoing, the Board determined that the Petitioner met the criteria for grant of a Special Permit. Upon motion duly made and seconded at the Public Hearings on July 11, 2012, the Zoning Board of Appeals voted unanimously to grant the Special Permit. This Decision is conditioned upon compliance with the following: • Christopher Costa &Associates, Inc. plan entitled Proposed Stairway, Pier, Ramp & Float. Site Design Plan, 9 Ockway Bay Road in Mashpee, Massachusetts. Owner of Record and Applicant: Mary E. Zocchi, Trustee. Date: 05/17/12. Sheet No: 2 of 2. • As defined under Section 174-25.I.9 of the Zoning By-laws, the proposal is an accessory use; therefore, construction of the pier, ramp and float shall not commence until a house has been built on the subject property and a Certificate of Occupancy for the house has been issued. 2