01/23/1991 ZONING BOARD OF APPEALS Decisions

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Little River Boat Yard 2/27/91 Jurisdictional Determination Decision -Letter from Attorney William Henchy to Mashpee town counsel dated January 18, 1991. -Staff report dated 2/20/91. -Letter dated February 18, 1991 from Edward Cavefield in opposition to the project. -Letter dated received on February 11, 1991 from Chester Kobinsky in opposition to the project. ., -Letter dated February 11, 1991 from Betty C. Davidson in opposition to the project. j -Letter dated February 19, 1991 from Ronald Francoeur in opposition to the project. The application and notices of public hearings relative thereto, the Commission's staff notes, exhibits and correspondence, the transcript of minutes and meetings and hearings and all written submission received in the course of the proceedings are incorporated into the record by reference. ;1 TESTIMONY ` At the February 25, 1991 hearing, the subcommittee heard from the owner's representative, Attorney John Connolly. Connolly represented that the existing boat storage rack is a primary use of the project site, and that the storage rack is required by a town bylaw, therefore, the building cannot be considered 'auxiliary" under section 12(c)(6) of the Act. He argued that because boat storage is a principal use of the site, that the 10,000 square foot threshold should apply. He further represented that the project should be exempted due to the length of time that the owner has been involved with the local regulatory process. The subcommittee also heard from Attorney William Henchy, representing neighboring landowners. Henchy represented that section 12(c)(6) of the Act addresses both use and building size. He argued that this building is."auxiliary' as contemplated by the Act because it is not connected to a main building, and that the 5,000 square foot threshold applies. He further represented that this project is not exempt under section 22 of the Act because the special permit was received after the July 1, 1989 deadline found in section 22, and because the special permit was annulled by a court. Details of information provided at the public hearing are available in the minutes of the hearing and public meeting at the office of the Cape Cod Commission. FINDINGS The Commission has considered the application of the Mashpee Zoning Board of Appeals for the boat storage rack building owned by Mr. William Burtis d/b/a the Little River Boat Yard, Inc. and based on consideration of such application and upon the information presented at the public hearing, makes the following findings pursuant to Section 120) of the Act: 1. The Cape Cod Commission Act requires review of certain developments as Developments of Regional Impact. Section 12(c)(6) of the Act reads in relevant part: Any proposed retail or wholesale business, office or industrial development, as well as any private health, recreational or educational development which has a floor area as follows: ...addition or auxiliary buildings: greater than 5,000 square feet;.... 2. Section 12(c)(6) of the Act addressed both uses and sizes of buildings. Regarding use, the marina sells gasoline and services boats and is a "retail or wholesale business". The boat storage rack is a "private recreational development'. 3. Regarding size, the boat storage rack building is currently 50'(w) x 182' (1) x 29' (h). The owner proposes to remove a 40' section from the length of the building. With the 40' section removed, the floor area of the building will be 7,100 square feet. 3