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05/11/2022 ZONING BOARD OF APPEALS Minutes
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05/11/2022 ZONING BOARD OF APPEALS Minutes
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8/28/2023 2:02:27 PM
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12/28/2022 1:40:51 PM
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Mashpee_Meeting Documents
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ZONING BOARD OF APPEALS
Meeting Document Type
Minutes
Meeting Date
05/11/2022
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MASHPEE ZONING BOARD OF APPEALS <br /> MEETING MINUTES <br /> MAY 11, 2022 <br /> Mr. Morris answered that would be a question for the Board of Health. He has no concerns. <br /> Mr. Goldstein read the Board of Health comments into the record that stated, "The room <br /> above the garage was included in the bedroom count when the septic system was recently <br /> upgraded. No action required by the Board of Health." <br /> The Board had a discussion asking if the request was a minor or major modification. The <br /> petition was advertised, and was mailed to the abutters as a modification. <br /> Attorney Brian Wall represented abutters Doug Crosby and Glenn McCarthy. He wanted <br /> to discuss three issues with the Board,one being that he believes that this petition is beyond <br /> the authority of the Board. He disagrees with Attorney Kirrane that detached habitable <br /> space is not permitted in an R-3 zone, except for an accessory apartment, and that the <br /> request before the Board should not be granted because of the standards in the bylaw. <br /> Attorney Wall discussed his arguments with the Board in detail that was expressed in his <br /> letter dated May 11, 2022. <br /> The Board questioned if the request would require a separate filing under an accessory <br /> apartment. <br /> Attorney Wall mentioned that his client withdrew an appeal after having a conversation <br /> with the homeowner. <br /> Attorney Kirrane said that he is only requesting that the Board eliminate the restriction on <br /> the Special Permit and Variance so the Building Commissioner can allow the space above <br /> the garage. <br /> Mr. Morris said he issued a stop work order for the garage pending the outcome of the <br /> hearing. <br /> Attorney Wall said that his clients are concerned for the public good in terms of the ground <br /> water, flooding and congestion. The Board believes that those are concerns for the Board <br /> of Health. <br /> Abutter, Doug Crosby spoke of his concerns regarding ground water. Mr. Bonvie <br /> questioned how his concerns would be effect the Board's decision to remove the restriction. <br /> There were other abutters present that expressed concerns regarding the ground water for <br /> that area. <br /> There were no more comments from the audience or the Board. <br /> 4 <br />
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