04/13/2011 ZONING BOARD OF APPEALS Minutes

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f k t ��t s�n Ez'Ccee 1 PP 5. ziC}!#d- `aQ1nll2 ,I/o xr,tw(' MASHPEE ZONING BOARD OF APPEALS DECISION TO ACCEPT WITHDRAWAL WITHOUT PREJUDICE V-2011-11 Elizabeth J. Stow, Trustee Map 114 Parcel 19 25 Monomoscoy Road West Registry of Deeds Title Reference: Mashpee,MA 02649 Book: 15735 Page: 2 A Petition was filed on March 16, 2011 by Elizabeth J. Stow for 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. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on March 25, and April 1, 2011 a copy of which is attached hereto and made a part hereof. Public Hearings were held on the Petition at the Mashpee Town Hall on April 13, and May 25, 2011. The following members of the Board were present and acting throughout: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell, James Reiffarth and Associate Member Ronald S. Bonvie. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A §10 and the Town of Mashpee Zoning By-laws. At the Public Hearings on April 13, 2011, Mr. John Slavinsky of Cape & Islands Engineering represented the Petition and stated that a dock had been constructed illegally on the subject property several years ago. The Town managed to have the dock removed after a lengthy legal struggle with the owner. The newest proposal calls for the float to be anchored with sealflex elastic rodes with helix anchors. The total length of the structure is 117 feet. The Petitioner has applied for a Special Permit to allow for the proposal. The Board expressed concerns with the close proximity of the proposal to the existing docks and the potential for navigation issues. Attorney Brian J. Wall addressed the Board in behalf of Mr. Jack G. Carter, Jr., a direct abutter at 17 and 20 Monomoscoy Road West. Referring to Section 174-25.I(9) of the Zoning By-laws, Attorney Wall said that the proposal does not meet eligibility requirements with the dock as an accessory use to a principal use of agriculture. The Petitioner plans to plant a huckleberry patch on the lot. Attorney Wall said that