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

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Mashpee Board of Appeals Minutes - January 24, 1990 Page 2. • Michael and Beth S. Moskowitz - Request a Special Permit under Section 174-17 and 174.25.I.9 of the Zoning By-laws for permission to construct and maintain a stairway and connecting walkway to an existing dock, ramp and floats in an R-3 zoning district on property located at 146 Popponesset Island Road (Map 112, Block 10) Mashpee, MA. i Members sitting: C. Hawver, M. Makunas, E. Govoni David Sanicki of Cape and Islands Surveying represented the Applicant. He presented the Board with receipts of certified mail indicating that copies of the application and plans had been sent to Conservation, Harbormaster, Waterways and Shellfish Commission. He explained that there was a pending lawsuit against the Conservation Commission and Mr. Moskowitz filed by a direct abutter, Dominic Franchi. Mr. Sanicki said that the Applicant had applied to the Conservation Commission for permission to relocate the existing stairway to align it with an existing dock. He had not understood that this might have required a Special Permit from the Board of Appeals. Mr. Sanicki stated that there had been discussion at the Conservation hearing as to whether the existing float system was the same as it had been in past years and the application to the Board of Appeals is to cover the complete project. He explained that there is an Order of Conditions for the stairway only and another application before the Conservation Commission for the dock and floats. • Mr. Sanicki informed the Board that Mr. Moskowitz's attorney had contacted the Corps of Engineers regarding the float and dock system and understood from them that this structure was grandfathered. He stated that the floats had been reconstructed in June of 1988. Mr. Sanicki presented the Board with copies of a letter from Little River Boatyard, the contractor, stating that the floats had been reconstructed "in kind". He presented a plan of docks in the immediate area and stated that the Moskowitz dock does not interfere with traffic. The Board reviewed the plans to determine what structures were existing and what were proposed. Mr. Makunas asked if the Board was to look at the dock as a new structure. Mr. Sanicki replied that he would prefer to have the existing structures approved as existing and then obtain an approval of the new plans. Mr. Sanicki said there was a dispute with the abutter on whether the two floats may have been enlarged. He is requesting to license the existing structure in the condition it is in and to obtain approval of the extension of the fixed section by two bays to connect the stairway. He said that Conservation had reviewed this portion of the work and had no major problem with it and an Order of Conditions had been issued. 0