04/28/1999 ZONING BOARD OF APPEALS Decisions

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1 R --- s= Town of Nashpee / BOARD OF APPEALS 16 Great JVeck Ppad dVorth Mashpee, Massachusetts 02649 Decision for a Special Permit RE: Robert W. & Natalie K. .27 Wheelhouse Lane/5 Waterline North Drive Schlundt SP -99-34 Map 120 Block 166/Map 120 Block 171 A Petition was filed on March 29, 1999 by Robert W. & Natalie K. Schlundt of Newton, Massachusetts for a Special Permit under Section 174-25.I.9. of the Zoning By-laws for permission to construct a pier, ramp and float on Jelin Pond on property located in an R-3 zoning district at 27 Wheelhouse Lane (Map 120 Block 166) and 5 Waterline North Drive (Map 120 Block 17 1) Mashpee, MA. (Owner of record of 5 Waterline North Drive: New Seabury Properties L.L.C.) Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on April 13 and April 20, 1999, a copy of which is attached hereto and made a part hereof. A Public Hearing was held on the Petition at the Mashpee Town Hall on Wednesday, April 28, 1999, at 7:30 P.M. at which time the following members of the Board of Appeals were present and acting throughout: James E. Regan III, Robert G. Nelson and Richard T. Guerrera. This Decision is issued by the Mashpee Board of Appeals pursuant to the provisions of Massachusetts General Law, Chapter 40A, Section 9 and the Town of Mashpee Zoning By-laws. Mr. Norman Hayes of the BSC Group represented the applicants and stated that the applicants are seeking permission to connect the temporary ramp and float to a walkover structure. He further stated that the Conservation Commission, Harbormaster Perry Ellis and Shellfish Constable Richard York have all approved the project. Mr. Hayes also said that the applicants have received authorization from New Seabury LLC for the connection of the ramp and float to the walkover structure. Mr. Hayes submitted a letter from the Little Neck Bay Association expressing approval of the project. He also submitted letters from the Architectural Review Committee stating that they will support the Little Neck Bay Association's approval. Mr. Hayes stated that a shellfish study was conducted. Mr. Hayes said that the entire structure will not exceed 70 feet. He stated that the structure will remain in the water from May until it is removed in October to be stored at Little River Boatyard. Mr. Hayes stated that a mooring fee is paid and the structure must be removed and stored appropriately. He informed the Board that there is no need for state and federal permits as long as the structure is temporary and seasonal.