10/10/2012 ZONING BOARD OF APPEALS Minutes

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ipee Town oJ lasl y lB Great JNeck Toad J of tkt MasJtpee,Massachusetts 02649 ST.tufE GU, MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT SP-2012-45 Loren B. and John R. Kovalcik Document No. 1,146,239 48 Godfrey Road Certificate of Title: 192163 Map 96 Parcel 104H Subdivision Plan No: 22111-B (Sheet 2) Mashpee, MA 02649 A Petition was filed on August 31, 2012 by Loren B. and John R. Kovalcik requesting a Special Permit under Section 174-25.I.9 of the Zoning By-laws to allow for construction of a pier, ramp and float proposed to extend across a total of more than seventy (70) feet of coastal beach, coastal bank, salt marsh or bordering vegetated wetlands on property located in an R-3 zoning district at 48 Godfrey Road (Map 96 Parcel 104H) Mashpee, MA. 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 September 21, and September 28, 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 October 10, 2012. The following members of the Board were present and acting throughout: Board Members Jonathan D. Furbush, William A. Blaisdell, Ronald S. Bonvie, James Reiffarth, 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. Jeffrey Ryther of BSS Design represented the Petition and stated that the existing dock is dilapidated and unstable. It will be replaced with a new pier, ramp, and float which will extend 103 feet from the new part of the dock. The proposed additional length will allow for access to two feet of water at low tide. Mr. Ryther said that the proposal meets regulations for lateral access over high water for public access underneath; it is the proper distance over marsh; there is proper grading over the marsh to allow sunlight to infiltrate into the marsh. The Conservation Commission approved the project at its September 13, 2012 hearing and issued an Order of Conditions on October 9, 2012. The Order of Conditions includes the Harbormaster's request that the home address shall be permanently displayed on the fixed pier and float. No comments were received from abutters.