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,su�ry <br /> Town o Mashpee <br /> 16 great JVeck toad,llrorth <br /> lk2aslzpee,Massachusetts 02849 <br /> MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A VARIANCE <br /> V-2022-08 <br /> Petitioner, Carmen Shay Doc.: 1090754 <br /> Owner of Record: Ctf.: 186063 <br /> Joan Modzelewski <br /> 55 Horseshoe Bend Way <br /> Map 48 Parcel 2 <br /> Mashpee, MA 02649 <br /> A Petition was filed on January 12,2022 by Petitioner, Carmen Shay, Shay Environmental <br /> requesting a Variance under §174-33 (Setbacks from wetlands) to allow for construction <br /> of a stairway to pond on property located in an R-3 Zoning District, Map 48 Parcel 2, 55 <br /> Horseshoe Bend Way, Mashpee, MA (Owner of Record: Joan Modzelewski). <br /> Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter <br /> 40A.Notice was given by publication in The Mashpee Enterprise, a newspaper of general <br /> circulation in the Town of Mashpee, on February 4,2022 and February 11, 2022 a copy of <br /> which is attached hereto and made a part hereof. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of <br /> Massachusetts General Laws Chapter 40A §6 and the Town of Mashpee Zoning By-laws. <br /> Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, <br /> February 23, 2022 as a hybrid meeting, at which time the following members of the Board <br /> of Appeals were present; Chairman, Jonathan Furbush,Vice Chairman, William Blaisdell, <br /> Board Members, Ron Bonvie, Scott Goldstein, and Norman J. Gould. <br /> Mr. Carmen Shay represented the petition for the homeowner regarding the request for a <br /> Variance for the setbacks to the wetlands. He is planning to construct a 4 ft. wide stairway <br /> from the top of the inland bank to the bottom of the bank within 5 ft. of the wetlands so the <br /> owner can have access to the stony beach to make a proper egress. The project was <br /> approved by the Conservation Commission, and is presenting to the Board under Section <br /> 174-33 of the Zoning Bylaws. <br /> Chairman Furbush had no issues and polled the members. There were no issues. <br /> Mr. Bonvie asked what the relief request would be from the wetlands. Mr. Shay said he is <br /> 5 ft. from the edge of the waterline, which is 45 ft. It's a very steep bank. There was an <br /> existing stairway which was removed based on the Conservation Department <br /> recommendations. He will apply for a building permit, and it will comply with all building <br /> codes, Zoning, and Conservation requirements. <br /> 1 <br />