04/13/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS APRIL 13, 2011 MINUTES • Mr. Blaisdell made a motion to continue the hearing until April 27, 2011 to allow the Petitioner to submit a revised plan with above -referenced changes along with calculation of the total lot coverage. Mr. Furbush seconded the motion. Mr. Reiffarth voted yes. Mr. Dorsey voted yes. Mr. Nelson voted yes.. Mr. Blaisdell voted yes. Mr. Furbush voted yes. Vote was unanimous. Elizabeth J. Stow, Trustee: Requests a Special Permit under Sections 174-25.H.(7) and 174- 25.I.(9) of the Zoning By-laws to allow for construction of a wooden walkway, ramps, steps and float that will 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 25 Monomoscoy Road West (Map 114 Parcel 19) Mashpee, MA. Sitting: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell, James Reiffarth and John M. Dorsey. Elizabeth J. Stow, Trustee: Requests a Variance from Section 174-31 Footnote 10 of the Zoning By-laws to vary the side setback, lot frontage and lot size requirements to allow for construction of a wooden walkway, ramps, steps and float that will 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 25 Monomoscoy Road West (Map 114 Parcel 19) Mashpee, MA. • Sitting: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell, James Reiffarth and John M. Dorsey. Mr. Nelson informed the Board that a dock had been constructed illegally on the subject property several years ago. He said that the ZBA finally had the dock removed after a long struggle with the owner. Mr. John Slavinsky of Cape & Islands Engineering represented the Petitions and said that the proposal calls for the float to be anchored with sealflex elastic rodes with helix anchors. The total length of the structure is 117 feet. Mr. Slavinsky gave the Board a history course on the property. The Stow's bought the small lot in 2002, which is on the same deed as the other lot on which their house sits. Mr. Stow applied for a dock in 2005. At that time the Conservation Commission demanded replanting of the property on which Mr. Stow had performed unauthorized cutting and removal of landscaping. The Petition for the dock was subsequently withdrawn. Mr. Slavinsky said that in July 2006, Mr. Stow submitted plans for a dock and received an Order of Conditions from the Conservation Commission. The ACEC (Area of Critical Environmental Concern) also approved plans for.the dock. Mr. Slavinsky arrived at the point in time which Mr. Nelson had referred to earlier. Mr. Slavinsky said that: "Suddenly the thing starts being built". He said that Mr. Stow's contractor was building the dock, not Mr. Stow. • Work was stopped and the dock was removed. The ZBA Petition. for this dock was withdrawn. 5