05/11/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS 431 Monomoscoy Road Mashpee,MA 02649 SP-2011-17 SPECIAL PERMIT CRITERIA 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. SPECIFIC FINDINGS The Board determined that: 1. the proposal will not unduly interfere with free passage of travel by water or land. 2. the proposal will not 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. 3. the Conservation Commission has issued an Order of Conditions in approval of the proposal. 4. the proposal has received approval from the Acting Harbormaster and Shellfish Constable. 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 at the Public Hearings on May 25, 2011 to grant a Special Permit. This Decision is conditioned upon compliance with Cape & Islands Engineering plan entitled: "Raised Wooden Walkway, Pier, Ramp & Float, Proposed Site Plan Located in Mashpee, Mass. Prepared for Jeremy Stevenson, Date: Feb. 10, 2011, Revd. May 10, 2011 Remove 64' of Walkway, Remove 4' Pathway & Move Proposed Pier to the Vicinity of the Existing Dock". 2