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MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A VARIANCE <br /> Cindy L. True and Michael Woodcock <br /> 53 James Circle (Map 71 Parcel 43) <br /> Mashpee, MA 02649 <br /> V-2021-26 <br /> In addition, the existing staircase was not built to code. There are no railings in certain <br /> sections, the steps are not the appropriate width and is unsafe. <br /> A year ago, Cindy was in front of the Board for a deck project that was situated slightly <br /> over the property line of 0 James Circle. This is a similar project that involves the rock <br /> retaining wall at the base of the property that was built over the property line with John's <br /> Pond Estates Association (0 James Circle). An easement agreement was negotiated a year <br /> ago, and was recorded. The agreement involves the maintenance and/or replacement of the <br /> existing retaining wall in its exact location so long it doesn't further encroach on the land <br /> next door. The easement agreement Section 2 C and 3 describe the construction, and <br /> addresses the rights of her property at 53 James Circle. The Association agreed not to <br /> appeal any relief that is requested with this project. <br /> Cindy gave a detailed description of the project mitigation. The new wall will be a <br /> significant reduction relative to the depth of the existing rock and concrete wall, and will <br /> further stabilize the wetland bank. The concrete stairs will be removed and replaced with a <br /> raised wooden staircase in the same location, will be code compliant, and will have the <br /> proper permits prior to completion. The proposed new wall will be setback 6 to 7 ft. further <br /> from the wetlands, and will improve the non-conformity. There will be plantings installed <br /> to help stabilize the bank, and the stair case will be code compliant. <br /> GENERAL CRITERIA: <br /> The subject property located at 53 James Circle is approximately 11,070 square feet. <br /> There were no abutters present. <br /> VARIANCE CRITERIA: <br /> Chapter 40A: Section 10. Variances: <br /> The authority specifically finds that owing to circumstances relating to the soil conditions, <br /> shape, or topography of such land or structures and especially affecting such land or <br /> structures but not affecting generally the zoning district in which it is located, 1) a literal <br /> enforcement of the provisions of the ordinance or by-law would involve substantial <br /> hardship, financial or otherwise, to the petitioner or appellant, and that 2) desirable relief <br /> may be granted without substantial detriment to the public good and without nullifying or <br /> substantially derogating from the intent or purpose of such ordinance or by-law. <br /> 2 <br />