12/14/2022 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Owners, Steven M. Purpura and Jill M. Purpura 134 Shore Drive West(Map 132 Parcel 20) Mashpee, MA 02649 V-2022-54 Mr. Kirrane said that there's a 25 ft. drop from the top of the coastal bank to the beach area which is a significant hardship, and constructing access stairs would create a better situation for the resource area as opposed to people climbing down and disturbing the natural vegetative buffer. He doesn't believe this project is derogating from the intent or purpose of the by-law. The bylaw is to protect the resource areas. Given the topography where the stairs will be located, and the benefit to the resource area, he believes the Board can grant a Variance. Mr. Reidy read the Conservation Department comments; "this project was approved by the Commission at their December 8th meeting. Stairway construction has been conditioned to not commence until such time as the erosion on the coastal bank is addressed and mitigation plantings/removal of invasive species takes place(permit conditions). Board of Health comments; "no comment". Mr. Morris agrees with the presentation,but a stairway will be sent to the Board because stairways with a 15 ft. rise requires a building permit with a couple of inspections. Mr. Ganzenmuller asked what type of invasive species is involved. Mr. Lizardi-Rivera said that part of the stairs are within the natural vegetation. An application was filed with Massachusetts Emergency Management (MEFA) for their review, and a letter will be submitted with conditions to the Commission. There's a time of year restriction related to the piping plover which are protected birds. The construction will not be able to commence until after restoration and clearing of the vegetation. Mr. Morris said that once he issues a permit,the Conservation Department will have to review that permit but it can wait until their work is completed. GENERAL CRITERIA The subject property located at 134 Shore Drive West is approximately 33,135 square feet. There were no abutters present. VARIANCE CRITERIA Chapter 40A: Section 10. Variances The authority specifically finds that owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, 2