07/11/2012 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MINUTES JULY 11, 2012 • Mary E. Zocchi, Trustee: Requests 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. Sitting: Board Members Jonathan D. Furbush, William A. Blaisdell, Ronald S. Bonvie, James Reiffarth and Judith M. Horton. Mr. Matt Costa of Christopher Costa & Associates, Inc. represented the Petition and stated that the Petitioner submitted and received approval for similar plans for a pier, ramp, and float in 2002. Those permits have expired and the Petitioner is once again requesting relief from the Zoning By-laws for permission to extend the pier over 70 feet of coastal wetlands into Ockway Bay. The pier is 117 feet long from mean high water. The area is quite shallow and necessitates the long pier length in order to access greater water depth. Mr. Costa said that the pier meets the required setbacks from the property lines and the required setbacks from neighboring piers. The Conservation Commission approved the proposal and 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 does not need ZBA approval. The house is not yet under construction. Mr. Reiffarth cautioned the Board to be careful to approve the plan showing only the pier, ramp and float, and not the plan detailing the house. The Board was adamant that construction of the dock will be contingent upon completed construction of a house on the subject property. Mr. Costa said that lights will be installed on the dock along with a sign showing the street address and the dock DEP file number. Mr. Morgan asked Mr. Costa to check into the Federal/Coast Guard regulations concerning lighting systems on extended piers. No comments were received from abutters. Mr. Bonvie made a motion to grant the Special Permit: This 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 it is an accessory use, construction of the dock shall not commence until a house is built on the lot and a Certificate of Occupancy for the house has been • issued. Mr. Blaisdell seconded the motion. Votes: Mr. Reiffarth, yes. Ms. Horton, yes. Mr. Bonvie, yes. Mr. Furbush, yes. Mr. Blaisdell, yes. Vote was unanimous. 3