02/24/2021 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES FEBRUARY 24, 2021 31 Wheelhouse Lane and 5 Waterline Drive North: Owners, Jack Foster and Allyson Poole-Foster, and New Seabury Properties, LLC request a Variance under §174-31 of the Zoning Bylaws to vary the rear setback to allow for construction of a stairs and platform for a float complex on property located in an R-3 Zoning District, and Little Neck Bay District, Map 120 Parcel 165 and 171, Mashpee, MA. . Attorney Kirrane represented the applications for construction of a stairway and platform to be used with a bottom anchored, Section l0A float complex. It's similar to the project discussed last month at 23 Monomoscoy Road West. Attorney Kirrane mentioned that Chairman Furbush wanted to consult with the Town Planner whether or not the Board had the authority or the discretion to grant variance relief in connection with these types of complexes.Attorney Kirrane said that the Town Planner indicated that the Board does have the discretion to grant such setback variance relief in these circumstances. The reason this was continued at the last meeting, is that there was a last minute opposition filed by the New Seabury Association with the owner of the property which came as a surprise to the Little Neck Bay Association because these types of facilities have been constructed on these open space areas in the Little Neck Bay subdivision for many years. The site plan depicted the proposed 4' x 4' platform supported with posts, and a 3 ft. wide stairway and will be utilized with a bottom anchored float. There will be a ramp which will be constructed from that stairs and platform to the bottom anchored float which will be removed during the winter months as required by the Harbormaster. The variance request is because the platform is located close to the coastal bank at 13 ft. off the rear lot line which is measured from the mean high water lot line. Under §174-25 (H) (7),these type of complexes are permitted even though there is no primary residential use on the property. It is not a commercial undertaking, there are no proposed sanitary facilities, and there are no coverage issues. The variance request is for the setback relief from the wetland resource areas. Sharon read an email from Attorney Samuel Zuckernick dated February 24, 2021 into the record that New Seabury Properties withdrew their letter of opposition dated January 21, 2021. Mr. Bonvie mentioned that there was some confusion with this application. Attorney Kirrane asked for an extension based upon the fact that there was an opposition filed to this application back in January. As far as he knew, the Little Neck Bay Association was dealing with discussions with New Seabury. But since the Board received this letter from the Attorney withdrawing their opposition, the request for continuance letter has been resolved. Mr. Furbush wanted clarification regarding building a structure across someone else's property. Attorney Kirrane said that New Seabury was listed on the application as part of the petition, and if they choose to grant easement rights over their property to an individual that is a private matter, and is not a subject matter of Town involvement. 3