04/27/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MINUTES APRIL 27, 2011 • restrict location of the boathouse. Erosion mitigation calls for rebuilding of the existing log wall. Mr. Furbush said he didn't like the proposal being so close to Overland Road. Mr. Slavinsky said that the Conservation Commission issued an Order of Conditions in July 2008. The Commission does not want the area between the staked hay bales, the beach, the salt marsh and ACEC to be disturbed. Ms. Delores Southwick owns the private sandy beach. Mr. Nelson questioned how the Petitioner accesses the water without going over someone's property. Mr. Slavinsky said that Conservation Commission By-law permits access to the area between the high water mark and beyond the tidal area. The Board of Health prohibits installation of any plumbing service to the boathouse. Mr. Costill said that he lives at i l Antuncs Road and has lived in Mashpee all of his life. Mr. Nelson said that the Petitioner cannot keep an eye on the property from his home and expressed concern that the proposal would be an attractive nuisance for children. Mr. Costill 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 and several of his neighbors leave their small boats on the Town -owned landing • Mr. George Leach, a direct abutter at 30 Overland Road, said that Overland Road is a private road and is only 8 feet wide. He said that his family installed the road in the 1960's, which they continue to maintain today. Mr. Leach said that he does not have a problem with a small structure, but is afraid that a large structure such as a garage can be used as a weekend retreat. Mr. Jonathan Ellis represented the Southwick family, a direct abutter. He said that they object to the proposal because the boat will be taken over their property in order to access the water. Mr. Ellis said that in 2008, the Conservation Commission conditioned that no boat shall be pushed over the bank to access the water. . Mr. Nelson said that the Board's jurisdiction is what lies within the property lines; not whether or not an individual trespasses onto another property. Mr. Slavinsky said that he will arrange for a meeting with the Conservation Commission Agent to see if the proposal can be relocated. He asked the Board to continue the Petitions when there will be more than four members sitting. Attorney Brian Wall represented Mr. Jack Carter who resides at 17 Monomoscoy Road West. Attorney Wall said that the applicant is not eligible for a Special Permit under Section 174-25.H(7) because a boathouse is not specifically mentioned in the By-law nor • does the By-law use the phrase "other uses". The proposal does not meet the setback requirements. Attorney Wall referred to Section 174-24.C(2) concerning Special KI