1988-1990-ZBA APPEALS (2) - Laserfiche WebLink

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Mashpee Board of Appeals December 27, 1989 Page 3. Damon (cont.) the earlier denial had been based on questions of the engineering and safety of the float. Mr. Friel moved to deny the application. Mr. Makunas asked for what reason. Mr. Friel said he was opposed to a floating dock. If it was a more permanent structure he would be more inclined to consider it. He stated that he felt a floating dock of this design might have too much impact on the shellfish. Mr. Friel amended his motion'to deny without prejudice. Mr. Govoni seconded. All agreed. There was discussion that the results of the shellfish study had not been reviewed with the Shellfish Constable. Ely Harary and Vincent Porciello Jr. (Owner of record: David E. and Joan L. Barnes) - Request a Special Permit under Section 6.3.I.9 of the Zoning By-laws for permission to build a dock, ramp and floats in an R-3 zoning district on property located at 3 Bight Circle (Map 106, Block 12) Mashpee, MA. Ely Harary and Vincent Porciello Jr. (Owner of record: David E. and Joan L. Barnes) - Request a Variance under Section 7.7 of the Land Space • Requirements for permission to build within fifty (50) feet of the wetlands in an R-3 zoning district on property located at 3 Bight Circle (Map 106, . Block 12) Mashpee, MA. Members sitting: C. Hawver, M. Makunas, J. Friel David Sanicki of Cape 6 Islands Surveying and Attorney Richard Dubin represented the applicants. Mr. Sanicki reviewed plans for a proposed house, pool and septic system. Proposed lot coverage would be 19.3%. He explained that due to the shape of the lot it would be necessary to build within 50' of a man-made creek developed by New Seabury. Mr. Halpern commented that Town Counsel had ruled in another case that a Variance was not required on lots created before the passage of Section 7.7. Mr. Makunas moved to grant the Variance as requested. Mr. Friel seconded. All agreed. Mr. Makunas stated that granting the Variance would prevent any questions on the continuous ownership of the lot. Mr. Sanicki reviewed plans for the dock. It will be a fixed structure going down to a ramp and float. He included a shellfish study and understood there would be no major averse effect from the size and magnitude of the project. . Mr. Makunas asked Mr. Gray of Sabatia of the value of the shellfish in the area. Mr. Gray responded that the study indicated that the shellfish quantities were below the recreational standard.