01/01/2016 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS JANUARY 27, 2016 MINUTES The 10-A Float and ramp should not be shown on any plan that is submitted to the conservation commission as tlicy have no jurisdiction over I0-A floats hence they should not be part of any proposal to the commission. It was noted that 10-A floats are bottom anchored only and cannot under any circumstances,be supported by piles (wood,metal or other). Additionally, these floats must be removed from the water seasonally and they cannot be dragged over any wetland resource areas for the purposes of upland storage. Any upland storage of the float must be described via written notification to the commission as to the area of storage and methodology of removal/placement. Mr. Furbush read the comments fiorn the Acting Harbormaster into the record; "In regards to the 184 Monomoscoy Rd request for a ramp and/or pier across marshland, the acting harbormaster (Richard Santangelo) is not approving any 10A floats in an ACEC area. He is going to let the new harbormaster snake those decisions when he/she is hired. I looked at a map and it does not appear that the proposed pier across the marsh would be a hazard to navigation. Thank you, Lt. John Santangelo Mr. Furbusb read the comments from the Inspection Department into the record; "The area is zoned R3 and is in the Pre-contact Archaeology Sensitivity area — listed as "High Sensitivity".The applicant is seeking a Written Finding under Article V §174-17 regarding a determination from the Board if the construction of a structure (a boat ramp) across the abutting property lot, which does not have a principal structure, would be considered a permitted Use. Currently,the Zoning By-Laws,for the Town of Mashpee,does not address this sort of Use, thus, this department does not support such situations within the Town of Mashpee. The area is zoned R3 and is in the Pre-contact Archaeology Sensitivity area-- listed as "High Sensitivity". The applicant is seeking a Special Permit under §174-25 I (9) regarding the construction of a dock, pier, ramp and float extending more than 70 feet of coastal beach, coastal bank, salt marsh or bordering vegetated wetlands." Mr. Furbush read Mr.Delory's notarized letter dated January 4, 2016 into the record giving BSS Design permission to transverse his marsh for a dock easement. Mr. Furbush also read a letter dated December 10, 2015 addressed to Mr. Andrew McManus, from Jeffrey Ryther, of BSS Design into the record. Mr. Ryther provided the Board a document titled "Waquoit Bay ACEC Boundary Description" and summarized that the initials "MLW" stand for Mean Low Water. He mentioned that Drew commented "Mean High Water" and he believes is a typo. Mr. Furbush asked Mr. Ryther to put together an"action plan" and that he would review it with Town Counsel. He also wanted to hear fiorn Conservation and the new Harbormaster when she/he is hired. To make their determination, the Board wants to see the legal documented easement, a notice of intent approved by Conservation Commission, and an approval from the new Harbormaster. 5