07/09/2008 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes • 2 July 9, 2008 Robert White O' Leary Trust, O'Leary Familv Trust: Requests a Special Permit from Section 174-25 (I)(9) of the Zoning By-laws to construct and maintain in perpetuity a walkway, ramp and floats in John's Pond on property located in an R-5 zoning district at 15 Tuspaquin Road (Map 71 Parcel 54) Mashpee, MA. Sitting: Robert Nelson, Jonathan Furbush, James Reiffarth, William Blaisdell and Jack Dorsey. Attorney Kevin Kirrane from Dunning & Kirrane along with John Slavinsky of Cape & Islands Engineering represents the applicants at this hearing. Applicant is seeking a Special Permit for a dock. There has been a few questions and problems as to the placement of this dock and it has been in conservation for several weeks. This dock is in a pond and Attorney Kirrane mentions that there is no "hi tide mark" in the pond, that this is usually concerning oceans and tidal actions therein. Attorney Kirrane argues that the language in the by-laws doesn't apply to a pond. Mr. Nelson says the plan has changed quite a bit since it was first filed in 2007 and then withdrawn. They discuss the paper road, Sakonet Road and Attorney Kirrane says that portions of the road are underwater and it is DEP — the road was never built. Mr. • Slavinsky informs the Board that in Conservation, they have met all matters for Natural Heritage, mussel review and met all criteria for Con Com — they will most likely accept the dock and grant it as proposed at their hearing tomorrow night. There are similar docks in the neighborhood and an affidavit has been submitted. Mr. Reiffarth asks who owns the land surrounding 15 Tuspaquin Road where the dock will actually abut. Mr. Slavinsky informs them it is the Commonwealth of Mass — they have jurisdiction from the historic high water mark. The USGC study shows the average elevation is 38 feet. (the elevation here is 40). • They will put the dock on the jetty because there is no high water mark on the jetty. i It is not in a fixed location. Attorney Kirrane mentions that he is not sure they even need a Special Permit for this property and/or the pond. Kellv Rich enbere/Owner: They have tried to accommodate their neighbors (the Schultzes) concerns and there are others that have similar docks. Robert Nelson reads portions of a letter of opposition into the record from Mr. and Mrs. Schulz of 112 Old Brickyard Road. They are against the dock. They mention excessive traffic of watercraft coming and going. Mr. Nelson says much of this letter is moot since • the dock application has changed and there is no walkway being proposed only a dock.