03/10/2021 ZONING BOARD OF APPEALS Minutes

Home Browse Search

'`'�'~•°� Town of Mashpee Cf.e' 4 try h 16 Great Aeck Load ArorOr �4rynxu„ � Mashpoe,Alassachusetts 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE V-2021-26 Cindy L. True and Bk.: 32771 Michael Woodcock Pg.: 222 53 James Circle (Map 71 Parcel 43) Mashpee, MA 02649 A Petition was filed on February 12, 2021 by Owners, Cindy L. True and Michael Woodcock requesting a Variance under §174-33 of the Zoning Bylaws of the rear setback fi•om the wetlands to allow for reconstruction of stairs,retaining wall(bulkhead)on property located in an R-5 Zoning District,Map 71 Parcel 43,Mashpee, MA. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on February 19, 2021 and February 26, 2021. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A §10 and the Town of Mashpee Zoning By-laws. Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday,March 10, 2021 as a virtual remote meeting, at which time the following members of the Board of Appeals were present and acting throughout; Chairman, Jonathan Furbush, Vice Chairman, William Blaisdell, Board Members, Ron Bonvie, Scott Goldstein, and Norman J. Gould. Cindy True,the homeowner represented herself for the Variance request.Also present were Associates of Coastal Engineering The lot contains 11,070 sq. ft. and is located on the waterfront of Johns Pond, and adjacent to the John's Pond Association Beach known as 0 James Circle. She is seeking approval to replace the existing rock and cement retaining wall at the base of the coastal bank, and also approval to replace the staircase that leads to the water at the edge of John's Pond that is shown on the site plan provided by Coastal Engineering. The existing wall is non-conforming under §174-33 as it pertains to the minimum setbacks from the wetlands. A portion of the wall is effectively at the waterline. A Notice of Intent was submitted back in February to the Conservation Commission along with the restoration plan for the coastal bank, and was granted approval. The original retaining wall that is still in place was constructed to be just a retaining wall, not a seawall. At the time,there was approximately 10 ft. of beach in front of the wall, but over the past several decades the water level has risen considerably on the Pond, and the wall basically held up the land and also acted as a seawall. The wall has deteriorated in certain areas, and was never intended to hold the force of water. 1