10/08/2008 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes 3 October 8, 2008 The Variance is conditioned on plans from Hood Survey Group, LLC of Sandwich, MA, dated October 1, 2008. Stephen & Mary Lempitski Request a Variance from Section 174-25 I(9) of the zoning by-laws in order to construct, license and maintain a dock facility beyond the 70 foot allowable limit. The proposed dock is 92' from the MHW on property located in an R-3 zoning district at 102 Captains Row (Map 96 Parcel 14) Mashpee, MA. Sitting: Robert Nelson, James Reiffarth, William Blaisdell, Jack Dorsey and Peter Hinden. John Slavinsky of Cape & Islands Engineering represents the applicant. They are seeking a variance for a dock that is in excess of 70 feet. The Harbor Master requested that the distance be extended and therefore it made the dock 92 feet in length. Richard York, Shellfish Warden approved the dock by memo submitted to the ZBA. They are currently delayed in Conservation due to a DEP file number • which should be cleared up at the next hearing. The Board reviews the plans with Mr. Slavinsky. James Reiffarth makes a motion to grant the 22 foot variance for the dock. William Blaisdell seconds the motion. All agree. So moved. Other Business: James Reiffarth asks John Slavinsky if anyone can maintain or make repairs to a dock where it was previously licensed? Mr. Slavinsky informs him that yes, they can but as a courtesy they should check in with the Conservation Commission. Dock Article: Mr. Slavinsky asks the Board to consider re- wording the way the by-law is being written by Mr. Fudala. He tells the Board that due to the words referring to the "coastal banks" it will cause more people to come before the ZBA with regard to the length of the docks. The Board is • currently trying to reduce the number of applications regarding docks unless they are more than 70 feet in length.