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MASHPEE ZONING BOARD OF APPEALS <br /> JANUARY 27, 2016 <br /> MINUTES <br /> Mr. Goldstein, seconded, yes, Mr. Furbush, yes, Mr. DeBarros, yes, Mr. Pittsley, yes. All <br /> were in favor. <br /> 184 Monomoscoy Road: Owner, Jolui Foley requests a Written Finding under §174-17 <br /> of the Zoning Bylaws requesting permission to extend a dock, pier, ramp and float across <br /> abutting property located at (0 Bay Road, Map 114 Parcel 44) in an R-3 Zoning District, <br /> (Map 114 Parcel 40A), Mashpee, MA. <br /> 184 Moanomoscoy Road: Owner, John Foley requests a Special Permit under §174-25.I <br /> (9)of the Zoning Bylaws to allow for construction of a dock,pier,ramp and float extending <br /> more than 70 feet of coastal beach, coastal bank, salt 1narsh or bordering vegetated <br /> wetlands, on property located in an R3 Zoning District, (Map 114 Parcel 40A), Mashpee, <br /> MA. <br /> Mr. Jeff Ryther, of BSS Design represented Mr. Foley for the request of the proposed dock <br /> project that will extend over Mr. Delory's property located at 0 Bay Road(Map 114 Parcel <br /> 44-0). He provided a plot plan showing the dimensions of a 4 ft. wide elevated walkway <br /> pier extending 113 feet, with a proposed section I OA aluminum ramp. He also provided an <br /> enlarged GIS snap of Mr. Delory's marshland property along Great River and photographs <br /> of the design of the dock, ramp and float. There will be no pilings installed and will have <br /> two cross chains with bottom anchors. <br /> Mr. Furbush asked Mr. Delory if there was a legal right-of-way going across the property <br /> and also asked what if the person sells his property or there is an argument between the <br /> two neighbors. Mr. Delory said there is no legal easement in place yet. The Board is not <br /> able to approve an easement. Mr. Goldstein said he knows that other properties have been <br /> granted easements like this in New Seabury. Mr. Furbush said that the bylaws do not allow <br /> a dock on a vacant lot because it's considered an accessory use and must have a house <br /> (principle use). <br /> Mr. Furbush read the Conservation Comments into the record; "The commission has not <br /> reviewed this project yet. Mr. Foley would only be applying for the fixed pier portion of <br /> this project before the commission as the water body fronting his home is designated as an <br /> Area of Critical Environmental Concern by the state. What this means is that there can be <br /> no permanent structures placed below Mean High Water. Mr. Foley would need to apply <br /> for a 10-A Float license from the Mashpee Harbor Master (from what I've heard, there is <br /> currently a waiting list for 10-A floats). <br /> If he were to get a I O-A Float from the Harbormaster and a permit from the conservation <br /> commission for a fixed pier terminating at Mean High Water,he could connect the two <br /> with an aluminum ramp. <br /> 4 <br />