06/28/2023 ZONING BOARD OF APPEALS Decision

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Town Of Mashpee 16 Great Neck Road North Mashpee, MA 02649 cltmvw MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE V-2023-35 Owners, Patricia Donnelly and Bk.: 32115 Roger Schiffman Pg.: 186 Willowbend 4 Mute Swan Circle (Map 84 Parcel 38-0) Mashpee, MA 02649 A Petition was filed on May 22, 2023 by Owners, Patricia Donnelly and Roger Schiffinan requesting a Variance under §174-33 of the Zoning Bylaws (Setback from wetlands)to allow for construction of an access stairway to the dock on property located in an R-3 Zoning District, Map 84 Parcel 38-0, Mashpee, MA. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise,a newspaper of general circulation in the Town of Mashpee, on June 2, 2023 and June 9, 2023 a copy of which is attached hereto and made a part hereof. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A §10 and the Town of Mashpee Zoning By-laws. Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday,June 28,2023 at which time the following members of the Board of Appeals were present and acting throughout; Chairman, Jonathan Furbush, Board Members, Ronald Bonvie, Scott Goldstein, and Associate Members, Bradford Pittsley, and Robert Caggiano. Attorney Kevin Klauer represented the Owners of 4 Mute Swan Circle for the Variance petition. 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 the construction. 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. 1