06/28/2023 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Owners, Patricia Donnelly and Roger Schiffman 4 Mute Swan Circle (Map 84 Parcel 38-0) Mashpee, MA 02649 V-2023-35 GENERAL FINDINGS Chairman Furbush polled the members for comments. There were no issues. Chairman Furbush agreed that the property is an odd shaped lot,and has a significant slope toward the dock. 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. A resident asked about 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 the other projects on the property lot." Mr. Bonvie addressed the resident's question to consult with either the Conservation Department or the Conservation Commission. Attorney Klauer stated that the project was permitted in 2020 and is 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 Commission. Mr. Goldstein read the Board of Health comments dated June 28, 2023 into the record. "No comments." There were no more comments from the Board or audience. Mr. Bonvie made a motion to close the public comment. The Board voted unanimously in favor to close the public comments. 2