04/26/2023 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Owner, Quaker Run Nominee Trust Diane Wells, Trustee 28 Quaker Run Road, Map 83 Parcel 19 Mashpee, MA 02649 V-2023-24 Mr. Goldstein reviewed the site plan and wanted to know if the stairway was part of lot coverage. Attorney Kirrane read the definition of"structure" from the bylaw. The site plan depicted the proposed lot coverage at 18.5%. The Board was not concerned with the project, and determined that the stairway is not included in lot coverage because it does not support a structure such as a roof. Mr. Morris said the stairs were submitted for zoning because of the typography, and requires a building permit and inspections. The pier and float system are exempt from zoning. Chairman Furbush polled the Board for further comments. The Conservation Department comments dated April 25, 2023 were read into the record: "This project was approved and issued an order of conditions by the Conservation Commission. Project meets performance standards for pathways under Regulation 29 (Buffer Zones and Buffer Strips). Dock meets standards under Regulation 27(Docks, Piers and Floats).A condition of the approved dock is payment of a shellfish mitigation fee in the amount of$10,500 (payable to the Town of Mashpee) PRIOR to construction of the pier, ramp and float (condition #7 of the order of conditions under DEP file #43-3215)". The Board of Health comments dated April 21, 2023 were into the record: "No comment for the dock". VARIANCE CRITERIA §174-33. Setback from water and wetlands Any building or structure, exclusive of fixed or floating piers, wharves, docks, bridges or boardwalks, shall be set back at least fifty (50) feet from any water or wetland as defined by MGL C. 131, §40. GENERAL 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, 1) a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship,financial or otherwise, to the petitioner or appellant, and that 2) desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or by-law. 2