04/27/2011 ZONING BOARD OF APPEALS Minutes

Home Browse Search

i f"j ...... :nvv_.w ®m...:,s..r_, .a_.,.. MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE V-2011-13 Peter Costill Map 114 Parcel 11 37 Monomoscoy Road West Registry of Deeds Title Reference: Mashpee,MA 02649 Book: 16122 Page: 254 A Petition was filed on April 1, 2011 by Peter Costill for a Variance from Sections 174-31 and 174-33 of the Zoning By-laws to vary the land space requirements and the setback requirements from water or wetland to allow for construction of a boathouse on property located in an R-3 zoning district at 37 Monomoscoy Road West (Map 114 Parcel 11)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 April 8, and April 15, 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 27, May 25, and June 8, 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. Mr. Bonvie confirmed that he had executed the requirements pursuant to Article 21 in order to qualify to hear the Petition and he signed the written certification. 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. Mr. John Slavinsky of Cape & Islands Engineering represented Mr. Costill, who also attended the meeting. The proposed boathouse will be 12'x22' and 14 feet in height and will include electrical service. Mr. Slavinsky said that the long and narrow shape of the property restricts location of the boathouse. Erosion mitigation calls for rebuilding of the existing log wall. The Petitioner is also requesting a Special Permit to allow for the proposal. The Board expressed concern with the proposal being located so close to Overland Road and questioned how the Petitioner plans to access the water without trespassing over neighboring properties. The Board also observed that the Petitioner cannot keep an eye on the property from his home and was troubled that the proposal would become an attractive nuisance for children. Mr. Costill addressed the Board and said that he currently lives at Antunes Road and has lived in Mashpee all of his life. He said that he tows his larger boat down to the boat landing to a mooring in the water. He keeps a rowboat on the little beach to access the larger boat. Mr. Costill said that he will be storing one boat and one vehicle inside the structure.