04/26/2023 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES APRIL 26,2023 Ms. Sangeleer read a letter dated April 20, 2023 from Jo Robin and Michael Gould requesting a continuance until May 24, 2023. Mr. Bonvie made a motion to close the public comment to 38 Fells Pond Road, Owners, Jo Robin and Michael Gould in reference to a Written Finding until Wednesday, May 24, 2023 as outlined in the letter dated April 20, 2023. Mr. Ganzenmuller seconded, yes, Mr. Goldstein, yes, Mr. Bonvie, yes, Mr. Blaisdell, yes, and Mr. Furbush, yes. All were in favor to close the public comment. Mr. Bonvie made a motion that the Board accept the extension letter dated April 20, 2023 from Jo Robin and Michael Gould of 38 Fells Pond Road referencing their request for a Written Finding until May 24, 2023. Mr. Ganzenmuller seconded, yes, Mr. Goldstein, yes, Mr. Bonvie, yes, Mr. Blaisdell, yes, and Mr. Furbush, yes. NEW HEARINGS Sitting on this hearing are the four regular Board members and Associate, Sharon Sangeleer. 28 uaker Run Road: Owner, Quaker Run Nominee Trust, Diane Wells, Trustee requests a Variance under §174-33 (Setback from wetlands) of the Zoning Bylaws to allow for construction of an access stairway to the dock on property located in an R-3 Zoning District,Map 83 Parcel 19, Mashpee,MA. Attorney Christopher Kirrane represented the applicant for the Variance request under Section 174-33 Setback to wetlands. This is for an access stairway that will be attached to a dock, pier, ramp and float complex. Under the bylaws, the ramp and floating piers are exempt from Section 174-33, but the stairway is not exempt. The stairway has a 28 ft. slope from the top to the bottom of the coastal bank. The Conservation Commission issued an Order of Conditions and imposed conditions designed to protect the wetland resource area. The access stairs are designed to provide safe access to the dock and float complex without further degradation of the resource area, and will not result in a detriment to the Town or result in nullifying the bylaw. The house shown on the plan is not part of this application and does not require any relief from the Board. Mr. Bonvie wanted confirmation that the house is not part of this application and concerned if the plan is stamped and the application is approved. Chairman Furbush said it was unnecessary. Mr. Goldstein asked if the stairway is part of lot coverage. Attorney Kirrane read the definition of "structure" from the bylaw. The site plan depicted the lot coverage as 18.5% and the Board was not concerned with the project,but wanted to know for future reference.Mr. Goldstein determined that this stairway is not included in lot coverage because it does not support a structure such as a roof. 2