12/12/2012 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MINUTES DECEMBER 12, 2012 Attorney Singer said that in the case of rentals, all of the units are counted even if the other 75% rental units are market rate. This means that the inventory count would remain the same. No comments were received from abutters. Mr. Bonvie made a motion to approve the request for a Second Modification to an existing Comprehensive Permit CP -2010-29. This is conditioned upon compliance with Horsley Witten Group plan entitled: PLAN SET: GREAT COVE COMMUNITY, 570 OLD BARNSTABLE RD. MASHPEE, MASSACHUSETTS, COMPREHENSIVE PERMIT LAND PLAN, DATE 10-8-2012. Mr. Furbush seconded the motion. Votes: Mr. Furbush, yes. Mr. Blaisdell, yes. Mr. Bonvie, yes. Mr. Dorsey, yes. Mr. DeBarros, yes. Vote was unanimous. NEW HEARINGS Kathleen A. Imaey: Requests a Special Permit under §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 coning district at 90 Captains Row (Map 96 Parcel 11) Mashpee, MA. • Sitting: Board Members Jonathan D. Furbush, William A. Blaisdell, and Ronald S. Bonvie, and Associate Members John M. Dorsey and Domingo K. DeBarros. Mr. John Slavinsky from Cape & Islands Engineering represented the Petition and stated that plans call for construction of a dock that extends 97 feet from the mean high water mark. The extra dock length is necessary in order to access deeper water. At the request of the Harbormaster, the proposal was reduced 12 feet in length in order to line up with the abutters' docks. Mr. Slavinsky said that the Waterways Commission and the DEP have also approved the plan. He said that there is a walkway down to the Association beach. The proposed float is not in the shape of a "T" in order to protect people in the swimming area. Conservation Commission approved the proposal and issued an Order of Conditions on November 27, 2012. Shellfish Constable Richard York's November 15, 2012 email indicates that the proposal will not pose a problem for shellfish. Not having heard from Waterways or the Harbormaster, Mr. Blaisdell said that the ZBA will apply the following By-law: "Failure to comment by any particular Department shall be interpreted as approval." Mr. James Boutilier, 44 Buccaneer Way, President of the Cove Association said that he discussed his concerns with the Petitioner's engineer and he has no objections to the proposal. • Mr. Bonvie made .a motion to approve the request for a Special Permit. This is subject to: 2