10/10/2012 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Loren B. and John R. Kovalcik 48 Godfrey Road Mashpee, MA 02649 SP-2012-45 General Findings: The subject property is located at 48 Godfrey Road and consists of approximately 25,400 square feet of land bordering on Mashpee River. Special Permit Criteria: 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 maybe interpreted as approval of the proposal. Specific Findings: With approval from the Conservation Commission and the Harbormaster, the Board determined that: • The proposal 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 October 10, 2012, the Zoning Board of Appeals voted unanimously to grant a Special Permit to allow for the proposal. This Decision is conditioned upon compliance with BSS Design plan entitled: Plot Plan — Dock Reconstruction Prepared for Loren & John Kovalcik, 48 Godfrey Road, Mashpee, Massachusetts. Date: Aug. 15, 2012. 2