12/14/2022 ZONING BOARD OF APPEALS Minutes (2)

Home Browse Search

MASHPEE ZONING BOARD of APPEALS MEETING MINUTES DE E BER 14, 2022 Mr. Kirrane suggested that this Variance request is appropriate because the Board is aware that a hardship could exist due to topography, sail conditions, or lot shape, in this particular case, it is topography. Mr. I irrane said that there's a 25 ft. drop from the top of the coastal bank to the beach area which is a significant hardship, and constructing access stairs would create a better situation for the resource area as opposed to people climbing down and disturbing the natural 11 vegetative buffer. He doesn't believe this project is derogating from the intent or purpose of the by-law. The bylaw is to protect the resource areas. Given the topography where the stairs will be located, and the benefit to the resource area, he believes the Board can grant a variance. Mr. Reidy read the Conservation Department comments; "this project was approved by the Commission at their December Sty' meeting. Stairway construction has been conditioned to not commence until such time as the erosion.on the coastal bank is addressed and mitigation plantings/removal of invasive species tales place (permit conditions). Board of Health comments; "no comment". Mr. Morris agrees with the comments presented, but this project also requires Board review because the stairway has a 15 ft. rise and requires a building permit with inspections. Mr. Oanzenmuller asked what type of invasive species is involved. Mr. Lizardi-Rivera said that part of the stairs are within the natural vegetation. An application was filed with Massachusetts Emergency Management(MEFA)for their review, and a letter will be submitted with conditions to the Commission. There's a time of year restriction related to the piping plover which are protected birds.The construction will not be able to commence until after restoration and clearing of the vegetation. Mr. Morris said that once he issues a permit, Conservation will have to review that permit but it can wait until their work is completed. There were no more comments from the Board or audience. Mr. Goldstein made a motion that the Board approve the Variance request from 134 Shore Drive ]Vest with the following conditions 1. The Board has determined that the applicant meets all the conditions of a Variance under Mass General Law 40A Section 10. 2. Site Plan — prepared for Steven. M. & Jill M. Purpura, Project: 134 Shore Drive west, Mashpee, MA. Sheet No.: 1 of 1., Date: September 29, 2022, Drawn by: WNH, Checked by:MC,Prepared by: Cape&Islands Engineering,Drawing Title:Plan of Proposed Access Stairs. 1113 0122: Identify Erosion and Area of Cuttings and Propose Bank Stabilization and Restoration Plan. Stamped and signed by Raul Lizardi-Rivera, Registered Professional Engineer,No.: 46845.