06/28/2023 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JUNE 28, 2023 Attorney,Kevin Klauer represented the Owners of 4 Mute Swan Circle for the Variance petitions. Also present was Mark Dibb with Cape & Islands Engineering. The applicants are requesting a Variance under Section 174-33 to allow for the proposed access stairway to their existing dock that is closer than 50 ft. to the wetlands. The Variance request is for 16 ft. from the mean high water. The property contains a total of 41,490 sq. ft. of land and is located on the western side of Shoe String Bay. The owners obtained approval and permits to construct a home and develop the property back in 2020. They are currently finishing this process now. Attorney Klauer stated that the dock and stairs are fully permitted with both the State and Conservation Commission and a Chapter 91 license order of conditions was issued and recorded. However, a Variance is needed to allow a stairway that would be within that 50 ft. setback. The stairway will improve the property and will protect the resource areas.The allowance of a Variance would not be a detriment to the site or the neighborhood, and will not derogate from the intent of the bylaw. Chairman Furbush polled the members for comments. There were no issues. Building Commissioner, David Morris mentioned that there is a topography issue, and it's 16 ft. of vertical rising, and can be approved by the Board. The stairway requires a building permit. Chairman Furbush agreed that the property is an odd shaped lot,and has a significant slope toward the dock. Ms. Lynn Barbie, Surf Drive asked what would be the mitigation after the stairway is built because there would be disruption in the wetland area, and what would be the conditions of the mitigation. Mr. Goldstein read Daniel Kent,Assistant Conservation Agent comments dated June 26,2023 into the record. "The Conservation Commission approved access stairs to be built among other project on the property lot." Mr. Bonvie addressed Ms. Barbie's question that she ask either the Conservation Department or the Conservation Commission what type of approval they issued. Mr. Bonvie asked Attorney Klauer if he had that information. Attorney Klauer stated that the project was permitted in 2020 and part of the overall development of the project. There is no mitigation specific to the stairway. Attorney Klauer stated that the order of conditions was approved and recorded in 2020,and the plan that was submitted to the Board was the plan approved by Conservation. Mr. Goldstein read the Board of Health comments dated June 28, 2023 into the record. "No comments." 9