01/26/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS 176 Daniel's Island Road Mashpee, MA 02649 Ronald and Cheryl Bloom SP-11-02 the narrow channel due to the close proximity of an existing mooring to his dock. The Board advised Mr. Colasuonno to present his concerns to the Harbormaster. No other comments were received from abutters. GENERAL FINDINGS: The subject property is located at 176 Daniel's Island Road and consists of 19,250 square feet of land. SPECIAL PERMIT CRITERIA/SPECIFIC FINDINGS: The Board determined that the proposal is consistent with the following requirements of §174.25.I(9) regarding Accessory uses: 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 may be interpreted as approval of the proposal. The Board shall not grant the special permit if the structure will 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 Zoning Board of Appeals determined that the Petitioner met the criteria necessary for granting of a Special Permit. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously on January 26, 2011 to grant the Special Permit to allow construction of the pier, ramp and float on the subject property. This Decision is conditioned upon compliance with the following: • The building permit for this Special Permit will not be issued until after the Certificate of Occupancy permit for the dwelling has been issued. • Falmouth Engineering plan entitled: "Proposed pier, ramp and float for #176 Daniel's Island Road Prepared for Ron & Cheryl Bloom in Mashpee MA. Plan date: October 26, 2010". 2