01/23/1991 ZONING BOARD OF APPEALS Decisions

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t' Little River Boat Yard 2/27/91 „' • Jurisdictional Determination Decision 29•(h). On July 31, 1989 the Town of Mashpee issued a stop work order because the building \gg under construction was different from construction allowed by the building permit. In addition, the building permit was issued in error because the owner should have obtained a special permit prior to receiving a building permit. The owner obtained a special permit from the Mashpee r Zoning Board of Appeals for the building on July 11, 1989, subsequent to construction of the :. storage rack building. f In a suit brought by neighboring property owners, the court invalidated the July 11 special permit and issued an order enjoining the use of the storage rack and ordering its removal. The owner's attorney has filed a motion to stay that court order, pending the issuance of a new special permit by the Mashpee Zoning Board of Appeals. The Mashpee Zoning Board of Appeals filed a Jurisdictional Determination with the Commission to determine whether the project must be referred to he Commission for review prior to issuance of the new special permit. MATERIALS SUBMITTED FOR THE RECORD -Jurisdictional Determination Application Form and addendum. -Certification that the above referenced application was filed with the Mashpee Town Clerk, Board of Appeals and Building Inspector. -Application for a special permit for the Little River Boat Yard dated December 18, 1990. -Board of Appeals public hearing notice for the special permit application. -Decision of the Board of Appeals granting a special permit, dated July 11, 1989 including grant of extension of time for filing that decision. -Building Permit #417 dated 7/26/85. -Building Permit #1285 dated 5/4/88, Building Permit Job Weather Card #1285 dated 5/4/88, and attendant application. -Building Permit #unknown dated 8/12/86. -Building Permit #603 dated 10/9/87, extending building permit dated 8/12/86, and attendant application.. -Environmental Site Investigation performed by Lincoln Environmental, Inc. and dated May 3; 1990. -Memorandum from Mashpee Board of Health to the Board of Appeals dated 1/24/91 addressing 5 health concerns with the pending special permit. -Deed at Book 2921, Pages 258 through 261 conveying the subject real property to William and Jean Burtis. -A locus map , copied from U.S.G.S. Falmouth quadrangle. -Definition of the term 'auxiliary". -Barnstable Superior Court decision, Superior Court No. 89-850, John Driscoll et at vs: Board of Appeals, Town of Mashpee et al -and- Little River Boat Yard. Inc. vs. Building Inspector, Town of Mashpee, dated 11/2190 and attendant Judgements on Findings. -Excerpts from depositions of the Mashpee Building Inspector and Mr. William Burtis relating the Superior Court Case #89-850. -Zoning Map showing subject property, dated 11/9/59. -'Plan of Land at Seconsett Island, Mashpee Mass., Property of William H. and Doris Prentice" dated 5/12/49. Plan entitled 'Bungalow Lots at Seoonset, Waquoit Bay" dated 1919. -Plan entitled "Little River Boat Yard, Mashpee, Massachusetts" by Golden Giant Inc., drawn by Dave Jennison, dated 1/16/89, sheets 1 through 4. -Plan entitled "Proposed Improvement Plan for Little River Boat Yard" prepared by Braman Engineering of Buzzards Bay,MA, dated 8/26/88, one sheet. -An 8.5' x 11" plan, dated 1/10/91 and revised 1/22/91, showing location of existing building on property and height of building. -Letter from Attorney William Henchy, representing neighboring property owners, dated February 4, 1991 and requesting Commission review. 2 x R