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AUGUST 23, 2023 <br /> MASHPEE ZONING BOARD OF APPEALS <br /> MEETING MINUTES <br /> Attorney Kirrane did not believe it is considered a zoning issue. Mr. Rivera did not know the <br /> height of the wall. <br /> Mr. Briggs, the homeowner addressed the Board and explained that the Board was referring to a <br /> landscape planter timber that is about 2 ft. tall situated against the wall. It is not a boxed <br /> landscaping timber. Mr.Briggs said he can remove it, and asked if he could replace that area with <br /> some plants. <br /> Mr. Goldstein stated as one member does not believe it's a structure depending upon the height. <br /> The Board had a discussion whether it should be a condition, or if the homeowner should have a <br /> conversation with the neighbor. <br /> Mr.Reidy stated that the Board should not make a condition on this issue because it's a landscape <br /> timber, not a retaining wall. It's up to the homeowner and the neighbor to have a discussion. <br /> Chairman Bonvie asked the Board for any further comments. There were none. There were no <br /> comments from the audience. <br /> Mr. Morris said he has no issues with the project, and believes that a Variance is allowed given <br /> the topography of the lot. <br /> Mr. Furbush made a motion to close the public comments. Mr. Reidy second. All were in favor. <br /> Attorney Kirrane asked to withdraw his request for the lot coverage Variance. <br /> Chairman Bonvie asked for a motion to accept Attorney Kirrane's withdrawal of the lot coverage <br /> Variance request with prejudice. <br /> Mr. Reidy made a motion that the Board accept the withdrawal request. Mr. Furbush second. All <br /> were in favor. Mr. Reidy asked Attorney Kirrane for the side yard amount of the Variance <br /> request. Attorney Kirrane said that it is 5.6 ft. <br /> Mr. Reidy made a motion that the Board issue a Written Finding to Owners, Briggs Family <br /> Wealth Trust, Peter L. and Patricia A. Briggs, Trustees of 35 James Circle under §174-17 and <br /> §174-33 of the Zoning Bylaws to allow for construction of an attached garage on property located <br /> in an R-5 Zoning District, Map 71 Parcel 46 (Johns Pond Estates), Mashpee, MA with the <br /> 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 /> 5 <br />