03/10/2021 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES MARCH 10, 2021 53 James & 0 James Circle: Owner, Cindy L. True and Michael Woodcock request a Variance under §174-33 of the Zoning Bylaws of the rear setback from 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. 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 Association 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 ththat 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. In addition, the existing staircase was not built to code. There are no railings in certain sections, the steps are not the appropriate width and has become unsafe. A year ago, Cindy was in front of the Board for a deck project that was situated slightly over the property line of 0 James Circle. This is a similar project that involves the rock retaining wall at the base of the property that was built over the property Pond Estates Association (0 James Circle). An easement agreement was negotiated a year ago, and was recorded. The agreement involves the maintenance and/or replacement of the t further encroach on the land next door. The easement agreement Section 2 C and 3 describe the construction, and addresses the rights of her property at 53 James Circle. The Association agreed not to appeal any relief that is requested with this project. Cindy gave a detailed description of the project mitigation. The new wall will be a significant reduction relative to the depth of the existing rock and concrete wall, and will further stabilize the wetland bank. The concrete stairs will be removed and replaced with a raised wooden staircase in the same location, will be code compliant, and will have the proper permits prior to completion. The proposed new wall will be setback 6 to 7 ft. further from the wetlands, and will improve the non-conformity. There will be plantings installed to help stabilize the bank, and the stair case will be code compliant. 10