04/02/1980 PLANNING BOARD Minutes

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PLANNING -BOARD Town of Mashpee PLANNING BOARD MINUTES : 41211980 MEMBERS PRESENT: Earle M. Marsters , Richardson Jonas , Harold Collins , Donald Blakeman and Richard- Terry. ALSO PRESENT : Town �4npin,�,erM:�. Phili Holmes s , . - _ _ - First on Agenda: PUBLIC HEARING -- Mashpee River Protective Zoning By-Law. In attendance was Mr. William McKay of River Road, Mashpee and the Conserva- tion Committee. Mr. Mars ters , Chairman. introduced Mr. Richard Terry and explained that whereas Terryspearheaded this by-law for the Planning Board; he would give an explanation and then be open to questions . Basically-, this is entitled the Mashpee River Protective Mr.. Term . � p Z_o"n""'_3'_ng By_ Law and what it really entails would be a prohibition of build-- . y .. r going north from the build- ing from 1l horizontally from the bank of the rive g g be-ginning o f the r.ive.r all the way down to the Pirate ' s Cove area. Pirate ' s g g Cove would be excluded as well as the corresponding area on the west bank of the river. If anyone -has in.teres-t , -I do have both arial and assessors maps. availablewith the loo '% line -drawn for specific narrowing down.. The b y -does-law d provide for hardship in. terms of going to the Board of Appeals should someon-e, so deem' fit.. There 1s a provision in the by-law for place- ments of docks, in the. area. The basic idea behind the by-law was the though.tthat the Mashpee River is a very- special area; the pristine nature of the riv�e_r itself and the Board feels that the 100 '- prohibition on build-- in. is basically- in keeping with the spirit of conservation. It is not • g � !� � �a The idea is to tr intended to try, to take anyone s property rights aw y to do , as far qs- cons-ervation sake , is to -preserve that portion of, the Mashpee - Diver that really- hasn'`-,t been touched and built upon. It is only P Certainly, beyond that talking about 10 o from the bank, o f the river. C y, � building can go on as allowed under the law, There is no attempt here to tryto assert the powers of the Conservation Commission, because we still �� p ' � n Commission have to comply, with all the regulations ; the Town, Conservation and State, 'Exilsting use would obviously be exempt ; grandf athered in this particular b . law--. once again, there is a hardship provision for anyone who might feel thisis unduly bur den s ome upon them. They would go to the Board of Appeals to indicate to them what their specific problem was , Mr . Terry reiterated that the thought behind the by-law was the thought the Mashpee Rives self-contained, running entirely within. Mashpee , is a very s eciaZ area because of the natura-1 beauty and grace of the � river and some- thing should be done to protect at least loo righ t on the bank and this is an attempt to try to plan for the future ; try to beep something for the future intact. lie stated the Planning Board - feels that this is a very slight prohibition without , trying to create any undue hardship on anyone .. Mr. Terry then open sthe meeting for any questions or comments -- Mr. William McKay of River Road, Mashpee asked about_ the provis ion re docks Mr. Terry replied lied that whereas docks must be kept within state and local law, provision was left in as it stood.