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MASHPEE ZONING BOARD OF APPEALS <br /> MEETING MINUTES <br /> NOVEMBER 8,2023 <br /> Mr. Morris stated for the record that his understanding with the Conservation Commission is the <br /> dock which is not under the Board's purview. He believes that the Board can make a ruling on the <br /> stairway, and he can approve the building permit. <br /> Mr. Blaisdell suggested that the Board can add a condition based upon Conservation approval. <br /> Acting Chair,Ms. Sangeleer asked for further comments. <br /> Mr. Reidy read the Board of Health comments dated November 2, 2023; "No comment". <br /> Conservation Department comments dated November 2, 2023; "Continued to December 7, 2023 <br /> hearings to allow time for a survey plan to be drafted. " <br /> There were no more comments from the Board or audience. <br /> Ms. Sangeleer asked for a motion to close public comments. Mr. Reidy, so moved. Mr. Furbush <br /> second. All were in favor. <br /> Mr. Reidy made a motion that the Board issue a Written Finding to Owners, Nicholas M. and <br /> Kathy DiGiusto, Trustees request a Written Finding under §174-17 and §174-33 of the Zoning <br /> Bylaws to allow for replacement of an access timber stairway, and lower deck to dock on property <br /> located in an R-3 Zoning District,Map 96 Parcel 16,Mashpee, MA with the following conditions: <br /> 1. The Board has determined that the applicant meets all the conditions under Mass General <br /> Law 40A Section 6. <br /> 2. Site Work Plan— Title: Proposed Timber Tie Steps & Lower Deck. General Site Notes: <br /> Prepared for Nick and Kathy DiGiusto, 108 Captains Row, Mashpee, MA. Proposed steps <br /> and lower deck. Date: 6/10/2023, Drawn and prepared by: Mark Macallister, Macallister <br /> Building, Inc., Scale: 1/8"= 1'. <br /> 3. Conditioned on all Town Department comments read into the record including but not <br /> limited to the Conservation and Board of Health Department comments, and approval by <br /> the Conservation Commission. <br /> 4. The Board finds under Section 174-17 and Section 174-33 (Setback from wetlands) that <br /> the proposed access timber stairway, and lower deck to dock is not be substantially more <br /> detrimental than the pre- existing non-conforming structure or use to the neighborhood. <br /> Mr. Furbush second, yes, <br /> Mr. Blaisdell, yes, <br /> Mr. Goldstein, yes, <br /> Mr. Reidy,yes, <br /> Ms. Sangeleer, yes. <br /> All were in favor to issue a Written Finding. <br /> 2 <br />