01/01/2016 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS JANUARY 13,2016 MINUTES 190 Monomoscoy Road: Owner, Kevin Cayer requests a Written Finding under §174-17 of the Zoning Bylaws to allow for construction of a 4 ft. wide walkway, wooden stairs, and a 4 ft. by 4 ft, wooden platform, on property located in an R-3 Zoning District, (Map 114, Parcel 41A), Mashpee, MA. Mr. Kevin Cayer represented himself for the application to construct a wooden walkway on his vacant lot. He stated he currently has a mooring and would like to access his boat without having to row out to it. The plot plan he provided shows the vacant lot and his current residence down the causeway at 98 Bayshore Drive. Mr. Furbush read comments from the Conservation Department into the record which requires onsite pre-work on the pathway with placement of hay bales. No comments were required from Board of Health. The comment from the Inspection Department; stated "the area is zoned R3 and is in the Pre-contact Archaeology Sensitivity area - listed as "High Sensitivity". The applicant is seeking a Written Finding under At V §174-17 regarding a determination from the Board if the construction of a structure on a lot without a principal building on the same lot,is a permitted Use.This department does not support such situations within the Town of Mashpee." Mr. Mendoza said that if the Board grants the dock, he would require the Board condition that the dock cannot be expanded upon or added onto without reapplying with the Zoning Board of Appeals. He said if the applicant decides to return to the Board for any reason, it would require more detailed information of ownership along the marsh. Mr. Robert Delory, who resides at 3 Bay Road addressed the Board and stated he owns all the abutting marsh in front of the lot in question and upland by lot 44. He said he was not approached for permission to access his property. Chairman Furbush told the applicant that a wide walkway and/or wooden stairs is considered an accessory structure, and is not allowed according to the Town bylaws.unless a primary structure currently exists. Mr. Cayer asked to withdraw his application. Mr. Blaisdell, Vice Chairman made a motion to accept Mr. Layer's withdrawal for his proposed wooden walkway and stairs. Mr. Furbush seconded, yes, Mr. DeBarros, yes, Mr. Pittsley, yes, and Mr. Gould, yes. All were in favor to accept the applicant's withdrawal. 171 Uncle Perc s Road: Owner, Eileen B. Ferrell,requests a Written Finding under §174- 17 of the Zoning Bylaws to allow the extension of two bedrooms on the second floor, and extension of the kitchen/dining area on the first floor of a single-family dwelling on property located in an R-3 Zoning District, (Map 117 Parcel 371), Mashpee, MA. 2