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Town of Nashpee <br /> h <br /> 16 Great Aeck 1(oad Arorth <br /> Alashhee,Alassachusetis 02649 <br /> MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A VARIANCE <br /> V-2020-33 <br /> Petitioner, Thomas F. Smith Bk.: 31198 <br /> 161 Timberlane Drive Pg.: 292 <br /> (Map 22 Parcel 16C) <br /> Mashpee, MA 02649 <br /> A Petition was filed on July 24,2020 by Petitioner, Thomas F. Smith requesting a Variance <br /> under §174-33 of the Zoning Bylaws to allow for relief of constructed timber access stairs <br /> within the setback to the wetlands, on property located in an R-5 Zoning District, at 161 <br /> Timberlane Drive, Map 22 Parcel 16C, Mashpee, MA. (Owner of record: Janice Leonard, <br /> Trustee of the 161 Timberlane Drive Realty Trust). <br /> Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter <br /> 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general <br /> circulation in the Town of Mashpee, on July 31, 2020 and August 7, 2020. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of <br /> Massachusetts General Laws Chapter 40A §10 and the Town of Mashpee Zoning By-laws. <br /> Public Hearings were held on the Petition at the Mashpee Town Hall as a virtual/remote <br /> meeting on Wednesday, August 26, 2020, and continued further on Wednesday, October <br /> 14, 2020 because the Board and Building Inspector requested a revised site plan depicting <br /> the constructed elevated wooden timber access stairway and boardwalk within the wetland <br /> resource area. <br /> The Board deliberated after several hearings on the Petition. They received the corrected <br /> site plan that was required for two reasons; a Variance under §174-33 because the elevated <br /> wooden structure was built within the wetlands, and for the assembly of materials under <br /> Zoning. <br /> In view of the foregoing, the Board determined the Petitioner met the criteria for a <br /> Variance. Upon motion duly made and seconded at the Public Hearings on Wednesday, <br /> October 14, 2020, the Zoning Board of Appeals voted unanimously to issue a Variance to <br /> Thomas F. Smith under §174-33 wetlands setback in the amount of 50 ft. The applicant <br /> was seeking a zero ft. setback through the entire wetlands to allow relief for construction <br /> of a timber access stairs within the setback to the wetlands, on property located in an R-5 <br /> Zoning District, Map 22 Parcel 16C, Mashpee, MA. (Owner of record: Janice Leonard, <br /> Trustee of the 161 Timberlane Drive Realty Trust). <br /> 1 <br />