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MASHPEE ZONING BOARD OF APPEALS
<br />JANUARY 22, 2014
<br />• MINUTES
<br />3- Architectural plans need revising to depict three bedrooms with no other rooms that
<br />can be considered bedrooms."
<br />In making this motion, referencing the site plan entitled; Site Plan of 5 Cross Street,
<br />Mashpee, MA, prepared for Michael Gilmartin, dated December 9, 2013 by Down Cape
<br />Engineering, Inc. Civil Engineers, Land Surveyors, 939 Main St. (Rte. 6A), Yarmouthport,
<br />MA, dated December 9, 2013. Also a house plans prepared by James D. Smith, Architect,
<br />AIA, 35 Lothrop's Lane, W. Barnstable, MA, job location is Michael Gilmartin, 5 Cross
<br />Street, Dated 11/11/2013.
<br />The Board finds the proposal to be not more substantially detrimental than the existing
<br />non -conforming structure. The new dwelling will be an improvement and conforms to
<br />current building code requirements, is compatible in size and character to other structures
<br />in the neighborhood, and has sufficient parking setbacks as may be required.
<br />Mr. Blaisdell, second, yes, Mr. Jodka, yes, Mr. Goldstein, yes, Mr. DeBarros, yes. All were
<br />in favor.
<br />Brian J. and Dawn Marie JaduL Request a Special Permit under §174-25 (I) (9) of the
<br />Zoning By-laws and M.G.L. Chapter 131, §40 to allow for construction of an elevated
<br />walkway for beach access on property located in an R3 Zoning District at 25 Ocean Bluff
<br />Drive, (Map 123 Parcel 205), Mashpee, MA.
<br />Mr. Michael Coutu, Sudbury Design Group, landscape architects, representing the
<br />petitioners on this application for a special permit per the requirement of Section 174-25
<br />(I) (9). There's a little confusion of the bylaw and met with the Building Inspector and
<br />discussed this project. He read the section of the bylaw stating fixed and floating piers,
<br />wharfs, docks, board walks, both seasonal and year round subject to securing of all
<br />necessary pen -nits from the Town, State and Federal Government Agencies having
<br />jurisdiction over inland and coastal waterways and wetlands, and any dock proposed to
<br />extend across a total of more than 75 feet of coastal beach, coastal bank, salt marsh or
<br />boarding vegetated wetlands is subject to a special permit.
<br />The discussion with the Building Department determined that this proposal is not a dock,
<br />and the bylaw specifically says "any dock", and does not state the aforementioned. The
<br />proposal is a board walk. Mr. Coutu said the project received DEP approval, and
<br />Conservation approval as well as ARC approval. The board walk is to provide access from
<br />the rear of the property down to the beach. It will provide long term protection for the
<br />coastal dune and there will be some mitigated planting within the area approved by
<br />Conservation. The staircase winds down and will protect the heavily vegetated area. There
<br />was no need for approval by the Harbormaster or Shellfish Warden because it is not a dock.
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