01/23/1991 ZONING BOARD OF APPEALS Decisions

Home Browse Search

Little River Boat Yard Jurisdictional Determination Decision 4. Section 12(c)(6) is intended to distinguish between connected buildings (additions) and . unconnected buildings on the same lot (auxiliary- uses). When determining jurisdiction, the issue of principal use or subsidiary use of the of the addition or auxiliary building is not relevant.The boat storage rack building is not an addition because it is not connected to a main building. The building is auxiliary to the existing marina uses on the site. 5. Section 22 of the Cape Cod Commission Act exempts projects from Commission review. The relevant portion of section 22 reads as follows: This act 'shall not apply to any development which prior to July 1, 1989 has received one of the following: ...a special permit or variance under chapter 40A; ...and which development is constructed or is thereafter constructed in substantial compliance therewith. 6. The Mashpee Zoning Board of Appeals issued a special permit to Mr. Burtis d/hVa the Little River Boat Yard pursuant to M.G.L. chapter 40A. The special permit granted to the Little River Boat Yard,inc. for the subject boat storage rack was recorded with the Mashpee Town Clerk on July 11, 1989. 7. The owner "received" the special permit on July 11, 1989, ten days after the statutory deadline for receiving an exemption from Commission review. 8. The special permit granted to the Little River Boat Yard,lnc. for the subject boat storage rack was annulled in a court proceeding. Therefore, the special permit is no longer valid and the boat storage rack cannot be "constructed in substantial compliance" with a valid special permit. CONCLUSION Based upon the findings above, the Commission hereby concludes: The boat storage rack is required to be reviewed under section 12(c)(6) of the Act. This conclusion is supported by the findings that the building's use is included in section 12(c)(6), that the building is auxiliary to the existing marina uses on the site, and that the building size exceeds 5,000 square feet. That the boat storage rack is not exempt from Commission review under section 22 of the Act. This conclusion is supported by the findings that: the special permit was issued ten days after the cutoff date for obtaining an exemption from review under section 22; the special permit was thereafter annulled by a court of law, therefore the building cannot be completed in 'substantial compliance" with the special permit as required for an exemption under the Act; and the special permit is not longer valid because it was annulled by the court. T7�Get� /'e✓ 27 9�/ I Sumner Kaufman, Subcommittee Chair Date Cape Cod Commission I 4 1 .,