04/10/2024 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES APRIL 10, 2024 NEW HEARINGS 236 Wheeler Road: Petitioner, Tyler Gaudreau request a Written Finding under §174-17 of the Zoning Bylaws to allow for an elevated boardwalk and stairs to access Ashumet Pond on property located in an R-5 Zoning District, Map 49, Parcel 27, Mashpee, MA. (Owner of record: Steven Dupree). Sitting on this hearing are Acting Chair, Ms. Sangeleer, Mr. Furbush, Mr. Blaisdell, Mr. Ganzenmuller, and Mr. Reidy. Mr. Tyler Gaudreau with Environmental Landscape Solutions represented his client Steven Dupree for the proposed construction of an elevated board walk at 236 Wheeler Road. The existing site consists of a set of stairs within the inland bank of the northern portion of the proposed boardwalk. The boardwalk is 4 ft. wide consisting of a timber structure with treks material for the platform and was recently approved by the Conservation Commission. There are no changes to any of the Zoning setbacks or the footprint. It is simply a replacement of the existing stairs within the inland bank. Mr. Furbush noticed that the boardwalk on the site plan is moving slightly away from the lot line. Mr. Gaudreau stated that the existing stairs are moving towards the center. All the existing trees are remaining to provide a buffer and will enhance the resource area. Mr. Reidy read the Building Commissioner's email dated April 4, 2024 into the record; No issues. Stairs require a building permit." Mr. Reidy read the Conservation Department comments dated April 8, 2024 into the record; "Resource Areas: Land Under Waterbodies & Waterways, Inland Bank, and Rare Species Habitat. Construction of access stairs on an inland bank leading to Ashumet Pond, reconstruction of existing retaining wall in same footprint, and vista pruning/beach nourishment. Project received a vote of approval at the March 7`h hearing with conditions to replace retaining wall footing with helical anchors and use washed/cleaned sand for nourishment. Revised plans submitted and Order of Conditions (OOQ permit issued." Board of Health, no comments. There were no more comments from the Board or audience. Ms. Sangeleer asked for a motion to close public comment, Mr. Blaisdell so moved, Mr. Furbush second. All were in favor. Mr. Reidy made a motion that the Board approve the Written Finding request for Petitioner, Tyler Gaudreau under §174-17 of the Zoning Bylaws to allow for an elevated boardwalk and stairs to access Ashumet Pond on property located in an R-5 Zoning District, at 236 Wheeler Road, Map 49, Parcel 27, Mashpee, MA. (Owner of record: Steven Dupree) with the following conditions: 1. The Board has determined that the applicant meets all the conditions of a Written Finding under Mass General Law 40A Section 6. 2