01/22/2014 ZONING BOARD OF APPEALS Decision

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Town (?f 11c {zpe 16 Great A'eck&ad N'brth q ;ixi w 13Iashpee,lWassw-husetts 0,264.9 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT SP-2014-03 Brian J. Jadul and Dawn Marie Jadul Certificate of Title: 174614 25 Ocean Bluff Drive Land Court Lot# 1367 (Map 123 Parcel 205) Plan# 11408-155 Mashpee, MA 02649 On December 20,2013 a Petition was filed by Brian J. Jadul and Dawn Marie Jadul requesting a Special Permit under §174-25 (I) (9) of the Zoning By-laws and M.G.L. Chapter 131, §40 to allow for construction of an elevated walkway for beach access on property located in an R3 Zoning District at 25 Ocean Bluff Drive, (Map 123 Parcel 205), Mashpee, MA. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A.Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on January 3, 2014 and January 10, 2014 a copy of which is attached hereto and made a part hereof. On Wednesday, January 22, 2014 Public Hearings were held on the Petition at the Mashpee Town Hall at which time the following members of the Board were present and acting throughout,Vice Chairman,William A.Blaisdell,Board Member Ronald S.Bonvie, Richard J. Jodka, and Associate Members, Domingo K. DeBaffos and Scott Goldstein. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A §10 and the Town of Mashpee Zoning By-laws. Mr. Michael Coutu, of Sudbury Design Group Landscape Architects represented the Petitioners on this application for a Special Permit per the requirement of Section 174- 25 (I) (9). He addressed the Board stating the proposal is for a boardwalk, not a dock. The project received DEP approval, Conservation approval as well as ARC approval. The boardwalk is to provide access from the rear of the property down to the beach. It will provide long term protection for the coastal dune and there will be some mitigated planting within the area approved by Conservation. The staircase portion of the proposed board walk winds down and will protect the heavily vegetated area. There was no need for approval from the Harbormaster or Shellfish Warden because this is not a dock. The Board asked Mr. Coutu why the project had to be approved by ARC. He commented that ARC approval was required and issued a permit because a plunge pool is being installed and some landscape reconfiguration was performed. 1