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MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A WRITTEN FINDING <br /> Owners,Nicholas M. DiGiusto and Kathy M. DiGiusto, Trustees <br /> 108 Captains Row, Map 96, Parcel 16 <br /> Mashpee, MA 02649 <br /> FINDING-2023-49 <br /> Although said Finding shall not constitute a Special Permit as defined by the General laws and <br /> this By-law, the Zoning Board of Appeals shall follow the procedures specified in the General <br /> Laws for Special Permits in processing requests for such Findings. Per Town Counsel: Section <br /> 174-17 of the Zoning By-laws for a Finding of Fact Cannot involve a Variance in the <br /> Decision/Finding of Fact. No such thing as "use variance". The Decision must be rendered in <br /> two separate statements/decisions if a Variance or Special Permit is involved along with a Written <br /> Finding. <br /> §174-33—Setback from water and wetlands: Any building or structure, exclusive of fixed or <br /> floating piers, wharves, docks, bridges or boardwalks, shall be set back at least (50') feet from <br /> any water or wetland as defined by MGL C. 131, §40. <br /> SPECIFIC FINDINGS <br /> The Board finds under §174-17 and §174-33 that: <br /> 1. The existing stairway is pre-existing and requires replacing for safety purposes. <br /> 2. The existing stairway is within 50 ft. of water and wetlands. <br /> 3. The proposal will not be substantially more detrimental than the existing non-conforming <br /> structure or use to the neighborhood. <br /> The Board read the Board of Health comments into the record dated November 2, 2023; "No <br /> comment". The Board read the Conservation Department comments into the record dated <br /> November 2, 2023; "Continued to December 7, 2023 hearings to allow time for a survey plan to <br /> be drafted. " <br /> There were no more comments from the Board or audience. <br /> In view of the foregoing, the Board determined the Petitioner met the criteria for a Written <br /> Finding.Upon motion duly made and seconded at the Public Hearings on Wednesday,November <br /> 8, 2023,the Zoning Board of Appeals voted unanimously to issue a Written Finding to Owners, <br /> Nicholas M. and Kathy DiGiusto, Trustees under §174-17 and §174-33 of the Zoning Bylaws to <br /> allow for replacement of an access timber stairway, and lower deck to dock on property located <br /> 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 /> 3 <br />