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MASHPEE ZONING BOARD OF APPEALS <br /> MEETING MINUTES <br /> FEBRUARY 23,2022 <br /> 55 Horseshoe Bend Way: Petitioner, Carmen Shay, Shay Environmental requests a <br /> Variance under §174-33 (Setbacks from wetlands) to allow for construction of a stairway <br /> to pond on property located in an R-3 Zoning District, Map 48 Parcel 2, Mashpee, MA <br /> (Owner of Record: Joan Modzelewski). <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 /> Mr. Furbush did not have any comments. He polled the Board for comments. <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 Conservation's recommendations. He will <br /> pull a building permit,and it will comply with all building codes,Zoning and Conservation. <br /> Mr. Goldstein said that he doesn't have any issues with lot coverage considering the size <br /> of the lot. <br /> Mr. Ganzenmuller read the Board of Health,Town Engineer, and Conservation comments <br /> into the record. <br /> Mr.Morris has no issues,but a building permit will be required and will perform the proper <br /> inspections. <br /> There were no more comments from the Board or audience. <br /> Mr. Bonvie made a motion that the Board issue a Variance to Joan Modzelewski of 55 <br /> Horseshoe Bend Way 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, <br /> Mashpee, MA (Owner of Record: Joan Modzelewski) with the 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. Plot Plan: Prepared for Joan Modzelewski, 55 Horseshoe Bend Way, Mashpee, <br /> MA. Prepared by: Shay Environmental Services, 201 Plum Hollow Rd. E. <br /> Falmouth, MA. Scale: 1" = 30', Drawn by: CES, Date: January 7, 2021. Project <br /> #55, Sheet 1 of 2. <br /> 8 <br />