05/24/2023 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES MAY 24, 2023 The architectural plans needs to be revised to match the site plan so the Board can move forward prior to making a decision. Mr. Robb Sykes asked for a continuance until June 14, 2023. Mr. Bonvie made a motion that the Board accepts Mr. Sykes request for the applicant to continue the hearing until June 14, 2023. Mr. Blaisdell seconded, Ms. Sangeleer, yes, Mr. Goldstein, yes, Mr. Bonvie, yes, Mr. Blaisdell, yes, and Mr. Furbush, yes. 90 Po )onesset Island Road: Owner, Brendon P. Giblin requests a Special Permit under §174- 17.1 and §174-33 of the Zoning Bylaws to raze and replace a pre-existing, non-conforming structure and replace it with a new single-family residential structure with associated pool, detached garage with guest suite above on property located in an R-3 Zoning District, Map 106 Parcel 34, Mashpee, MA. (Continued from April 12, 2023 hearings at the request of the Attorney). Sitting on this hearing are the four regular Board members, and Associate Member, Charlie Reidy. Attorney Christopher Kirrane representing the applicant for 90 Popponesset Island Road. He has submitted a request for a continuance until Wednesday, July 26, 2023. At the last hearing, the denial of the Conservation Commission is under appeal with the DEP, so the Board cannot act on this application until that appeal has gone through the process. There was some concern with the Board whether the time for the Board to make its decision would expire. As part of the request,he requested that the Board extend the decision until August 23, 2023. He is knowingly waiving that requirement to make a decision within 100 days. The Board asked Attorney Kirrane if he could withdraw the application. Mr. Kirrane said he does not want to withdraw because he believes he would have an answer by July 26t". If at that time on July 261", if the Board feels that there is not enough information, he would submit a withdrawal. He is not handling the DEP appeal, so he does not know the timeframe. Mr. Kirrane would agree to withdraw if by the hearings on July 26 h the Board is not satisfied than he will withdraw. Mr. Kirrane said that he understands that there is a suggestion that the local bylaw decision was not issued in time, so there was no reason for the appeal. Mr. Bonvie said as one member may not be able to provide a favorable vote if there is no information by the decision date. Mr. Blaisdell has no issues and can accept the continuance request. Mr. Reidy understands that if Attorney Kirrane and his client recognizes that a decision must be made by August 23, 2023, but it could be withdrawn before then. 2