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MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A WRITTEN FINDING <br /> Petitioner, Tyler Gaudreau <br /> Owner of Record: Steven Dupree <br /> 236 Wheeler Road, Map 49, Parcel 27 <br /> Mashpee, MA 02649 <br /> FINDING-2024-16 <br /> Although said Finding shall not constitute a Special Permit as defined by the General laws and this <br /> By-law, the Zoning Board of Appeals shall follow the procedures specified in the General Laws <br /> for Special Permits in processing requests for such Findings. Per Town Counsel: Section 174-17 <br /> of the Zoning By-laws for a Finding of Fact cannot involve a Variance in the Decision/Finding of <br /> Fact. <br /> The Board made the following findings: <br /> 1. The proposal will not be substantially more detrimental than the existing non-conforming <br /> structure or use to the neighborhood. The elevated boardwalk and stairs will be moved <br /> toward the center of the property. <br /> 2. The proposal will be an improvement to the lot and is similar in size and character to other <br /> existing structures in the neighborhood. The elevated boardwalk and stairs will be replaced <br /> with new construction. <br /> 3. Construction of the elevated boardwalk and stairs is contingent upon Board of Health final <br /> approval. <br /> 4. Construction of the elevated boardwalk and stairs will conform to current building code <br /> requirements. The elevated boardwalk and stairs require a building permit. <br /> SPECIFIC FINDINGS <br /> Upon motion duly made and seconded at the Public Hearings on Wednesday, April 10, 2024 the <br /> Zoning Board of Appeals voted unanimously to issue a Written Finding to Petitioner, Tyler <br /> Gaudreau under §174-17 of the Zoning Bylaws to allow for an elevated boardwalk and stairs to <br /> access Ashumet Pond on property located in an R-5 Zoning District, at 236 Wheeler Road, Map <br /> 49, Parcel 27, Mashpee, MA. (Owner of record: Steven Dupree)with the following conditions: <br /> 1. The Board has determined that the applicant meets all the conditions of a Written Finding <br /> under Mass General Law 40A Section 6. <br /> 2. Existing Conditions Plan—Prepared for: Steven Dupree, 236 Wheeler Road. Scale: 1" _ <br /> 20', Date: December 8, 2023, Sheet 1 of 1. Prepared by: DH Martin Engineering, Inc. <br /> Stamped and signed by: David H. Martin, Civil Professional Eng. No.: 49569, 2/11/24, <br /> and Gary S. Labrie, Registered Land Surveyor,No: 40039, 2/1/24. <br /> 3 <br />