Laserfiche WebLink
MASHPEE ZONING BOARD OF APPEALS <br /> MEETING MINUTES <br /> JANUARY 24,2024 <br /> 4. Mitigation Plans — Prepared for Giblin Residence, Surveyor/Engineer: Cape & Islands <br /> Engineering, Nicholaeff Architecture and Design Prepared by: Crawford Land Management <br /> dated 1/19/2024. <br /> 5. Conditioned on all Town Department comments read into the record including but not <br /> limited to the Board of Health. <br /> 6. Any changes to the plans will require the applicant to return to this Board. <br /> 7. The Board finds that the application as submitted is not substantially more detrimental than <br /> what existed prior to removal of the existing structure, and that there is adequate land area to <br /> provide sufficient parking, and there are no new non-conformities being created. <br /> Mr. Furbush, second. <br /> Mr. Bonvie took a roll call vote: <br /> Mr. Goldstein, yes, <br /> Mr. Furbush, yes, <br /> Mr. Blaisdell, yes, <br /> Ms. Sangeleer, yes, <br /> Mr. Bonvie, yes. <br /> All were in favor to issue a Special Permit. <br /> 37 Nick Trail: Owners, Brian J. and Karen F. Kelleher request a Variance from §174-31 special <br /> footnote 12 of the Zoning Bylaws to allow for separation of a merged lot shown on assessors Map <br /> 117, Parcel 300 and located in both the R-3 and Popponesset Overlay Districts, Map 117 Parcel <br /> 300, Mashpee, MA. (Continued from December 13, 2023 hearings at the request of the <br /> Attorney). <br /> Sitting on this hearing are the four regular Board members, and Associate Member, George <br /> Ganzenmuller. <br /> Attorney Kirrane represented Mr. Kelleher who was also present. The Variance application is a <br /> request to unmerge two lots. It is known that these lots are held in common ownership. These lots <br /> are located within the Popponesset Overlay District that requires 6,000 sq. ft. of lot area, and 60 <br /> ft. of frontage. Up until December, 2023, these lots had 6,000 sq. ft. of lot area, and 60 ft. of <br /> frontage. However, since the Wading Place Decision, these lots are now considered to be in the <br /> flood zone and have zero sq. ft. of lot area. He said that the Building Commissioner could have <br /> issued a Building Permit back in 2021, irrespective of the common ownership issue. <br /> 11 <br />