12/12/2012 ZONING BOARD OF APPEALS Minutes

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS Kathleen A. Impey 90 Captains Row Mashpee, MA 02649 SP-2012-61 "Failure to comment by any particular Department shall be interpreted as approval." Mr. Slavinsky assured the Board that the Waterways Commission and the DEP have approved the plan. GENERAL FINDINGS: The subject property is located at 90 Captains Row and consists of 17,840 square feet of land bordering Popponesset Bay. SPECIFIC FINDINGS: 174-25.L9 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 M.G.L. 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 may be interpreted as approval of the proposal. The Board determined that 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 applicant 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, the Zoning Board of Appeals voted unanimously at the Public Hearings on December 12, 2012 to grant a Special Permit to allow for the proposal. This Decision is conditioned upon the following: • Harbormaster approval. • Waterways Commission approval. • Conservation Commission Order of Conditions. • Compliance with Cape & Islands Engineering plan entitled Proposed Pier, Ramp & Float Located in Mashpee, Mass. Prepared for Kathleen Impey. Date: Oct.12,2012. Revised Oct.17,2012;Nov.1,2012;Nov.3,2012;Nov.9,2012. 2