07/14/1999 ZONING BOARD OF APPEALS Minutes (2)

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gU6`N Town ofNashpee BOARD OF APPEALS 16 Gr eat e ec oars f earth Mashpee, Massachusetts 02649 Decision for a Special Permit RE: Ockway Bay Heights Realty Trust SP-99-54 19 Harbor Ridge Drive Map 104 Block 119 A Petition was filed on June 4, 1999 by Ockway Bay Heights Realty Trust of Newton, Massachusetts for a Special Permit under Section 174-25.H.7 of the Zoning By-laws for permission to construct a pier,ramp and float on Ockway Bay as mandated by Section 174-26 of the Zoning By-laws on property located in an R-3 zoning district at 19 Harbor Ridge Drive (Map 104 Block 119)Mashpee, MA. 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 June 29 and July 6, 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, July 14, 1999, at which time the following members of the Board of Appeals were present and acting throughout: Edward M. Govoni, James E. Regan III and Robert G.Nelson. 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 applicant and stated that the Board of Appeals granted a Variance and Special Permit for construction of the pier, ramp and float in 1998 (V-98-92 and SP-98-93). Mr. Hayes further stated that under the Zoning By-laws a Special Permit can be granted for the construction of the pier, ramp and float on a lot deemed unbuildable. Section 174-25.H.7 of the Zoning By-laws states: "Private one or two-car garage, greenhouse or dock as a principle use where the lot cannot be developed with a principle residential use, provided that there be no commercial use or storage,no sanitary facilities, no storage outside of buildings,that no structure exceed fifteen(15)feet in height and 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". Section 174-26 of the Zoning By-laws states that"Within any year, building permits may be issued for new dwellings on no more than twenty percent (20%) of the lots in any subdivision approved by the Mashpee Planning Board under the Massachusetts Subdivision Control Law(the most recent such plan applicable to the lot shall apply), or twenty percent(20%)but at least one (1) of the lots shown on a plan of land not requiring subdivision approval recorded after May 11, 1987, or twenty percent I