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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 /> VARIANCE FINDINGS: <br /> The Board made the following findings: <br /> • The project will be a significant improvement to the property. <br /> • The construction area will be approximately in the same location. <br /> • The newly constructed wall will require a building permit. <br /> • The Conservation Commission approved the project. <br /> • The Easement Agreement will become part of the record. <br /> The Board reviewed the site plan depicting the area of construction, and wanted to know <br /> the height of the wall which is 5 ft. tall and will be 15 ft. into the ground that will require <br /> a building permit. There is no proposed fence. <br /> The Board read the Conservation and Board of Health comments into the record. <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 /> March 10, 2021, the Zoning Board of Appeals voted unanimously to issue a Variance to <br /> Owners, Cindy L. True and Michael Woodcock of 50 James and 0 James Circle under <br /> §174-33 of the Zoning Bylaws for reconstruction of stairs, retaining wall (bulkhead) on <br /> property located in an R-5 Zoning District, Map 71 Parcel 43, Mashpee, MA with the <br /> following conditions; <br /> 1. The Board has determined that the applicant meets all the conditions of a Variance <br /> under Mass General Law 40A Section 10. <br /> 2. Plan Showing Proposed Site Improvements, Cindy True, Johns Pond Estates <br /> Association, Inc., 53 James Circle, Mashpee, MA. Scale: As noted, Drawing File: <br /> C19317-C Dwg., Date: 01-20-2021, Drawn by: ELN, Checked by: NDJ/DKM, <br /> Prepared by: Coastal Engineering Co.,No.: C3.1.1. <br /> 3. Conditioned on all Town Department comments read into the record. Including <br /> but not limited to the Conservation Commission. <br /> 4. The Board issues a Variance under §174-33 is 50 ft. setback from the wetlands <br /> resource area. <br /> 5. Subject to an easement has been obtained by the applicant from the John's Pond <br /> Association dated March 20, 2020, signed by John Harris, President of the <br /> Association and has been recorded. <br /> 3 <br />