08/25/2010 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS David M. and Ana Ferris 24 Seconsett Point Road Mashpee,MA 02649 SP-10-34 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 Zoning 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 Zoning 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: 1. the proposed construction extends across a total of 80 feet of salt marsh. 2. the proposed construction requires a Special Permit from the Zoning Board of Appeals. 3. the proposal has received approval from the Harbormaster, the Conservation Commission and the Department of Environmental Engineering. 4. the structure will not unduly interfere with free passage of travel by water or land. 5. the structure 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. 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 on August 25, 2010 to grant a Special Permit to allow for construction of a pier, ramp and float on the subject property. This Special Permit is conditioned upon the following: • the Petitioner must receive an occupancy permit from the Building Department for the proposed dwelling on the subject property before commencing construction of the dock. • the Petitioner must receive all of the appropriate permits for the proposed dock before commencing construction of the dock. • Cape & Islands Engineering plan entitled: "Proposed Pier, Ramp &Float Prepared for David Ferris Hse. No. 24 Seconsett Pt. Rd. Mashpee, Mass. Plan No. 061810 Date: July 18, 2010 Rev'd. July 29, 2010 Dock Configuration". 2