05/25/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MAY 25, 2011 MINUTES • allowed in a specific district on the basis that it is substantially similar in its construction, operation, traffic and environmental impact to a specific use allowed as of right or by special permit in said district and it is substantially dissimilar in those respects from any uses prohibited in the district." Attorney Costello said that this Section gives the Board the right to vote in favor of a use (a boathouse) that is similar to a use that is allowed under the By- laws. He also stated that the wording in the Decision could reflect the word "garage", even though the proposal was advertised as a boathouse. Mr. Nelson said that Overland Road is a 25 -foot wide paper street, not an 8 -foot wide road as claimed by an abutter at the last public hearing. Attorney Brian Wall represented Mr. Jack Carter, an abutter at 17 and 20 Monomoscoy Road West. He said that the proposal is not allowed under 174-25.H(7) because it doesn't meet the setbacks requirements; and therefore, is not eligible under Section 174-24J of the By-laws. Attorney Wall said that he interprets lot coverage as met "and approved" as meaning approval from the Planning Board and that it will comply with minimum zoning requirements. Attorney Costello said that Section 174-25.H.7 of the Zoning By-laws does give the Board discretion to determine if a Variance could be granted. He quoted the By-law: "that all applicable setbacks and lot coverage requirements are met and approved, that a special permit for such use is approved by the Board of Appeals." Attorney Costello said that this • section does not mention lot coverage "as set forth in the Table of Use Regulations". He said that the filing seeking a Special permit and the Variance allows for permit issuance under this By-law. Mr. Costill said that he will be storing one boat and one vehicle inside the structure. After a short discussion by the Board, Mr. Costill agreed to reduce the size and move/rotate the location of the proposal. Mr. Blaisdell made a motion to continue the Petitions until June 8, 2011 to allow for submission of revised plans. Mr. Furbush seconded the motion. Mr. Nelson voted yes. Mr. Furbush voted yes. Mr. Blaisdell voted yes. Mr. Reiffarth voted yes. Jeremy N. Stevenson, et al, Trustees: Requests a Special Permit under Section 174-25.I(9) to allow for construction of a pier, ramp and float that will extend across a total of more than seventy feet of coastal beach, coastal bank, salt marsh or bordering vegetated wetlands on property located in an R-3 zoning district at 431 Monomoscoy Road (Map 124 Parcel 53) Mashpee, M.A. Not heard. Continued from May 11, 2011 at request of Petitioner to allow for Conservation Commission approval. Sitting: Board Members Robert G. Nelson, Jonathan D. Forbush, William A. Blaisdell, Ronald S. Bonvie and Associate Member Judith M. Horton. Mr. Reiffarth stepped down. • Mr. John Slavinsky of Cape & Islands Engineering represented the Petition and said that the Shellfish Warden and Acting Harbormaster have approved the proposal. The Conservation Commission has issued an Order of Conditions and is allowing a 36 -foot walkway over the fragile marsh area along with relocation of the proposed dock. The proposal will extend a 3