01/24/2024 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JANUARY 24,2024 The Board knows they have to determine if there is a hardship either for soil conditions, shape, or topography in order to provide variance relief. Attorney Kirrane believes that this request has soil condition and topography issues because of the flood zone. Attorney Kirrane submitted a letter to the Board dated December 8,2023,and summarized stating that his client was not aware that these lots became non-conforming, and were merged for zoning purposes. The Board of Health submitted comments that the stated; "Lot 5 Map 117 parcel 301 will be 6,000 sq. ft. making it unbuildable without nitrogen credit land of at least 4,00 sq.ft.for I bedroom. "Attorney Kirrane stated that his client can apply for nitrogen credit for this lot, and is not an obstacle from making this lot buildable. Attorney Kirrane also mentioned that his client was never notified of the zoning change. Mr. Reidy read the Board of Health comments dated January 22, 2024 into the record, the Conservation Department comments dated January 23, 2024 into the record, and the Town Planner's comments dated December 6, 2023 into the record. Attorney Kirrane did not agree with the Town Planner comments that this is a self-imposed hardship. Mr. Bonvie asked for Board member comments. Ms. Sangeleer believes that the lot could become more non-conforming if the lots are unmerged. Mr. Morris stated that the lot is currently 12,500 sq. ft. Mr. Bonvie stated that the Board does not require to give notices if a Judge says that the Board is overseeing a bylaw incorrectly. He also disagrees with the case law. He does not believe that the flood plain has anything to do with soil conditions. Mr. Kelleher the owner of the property did not send an email to the original owner asking if he could add another bedroom.He said he bought the property back in 2000 and applied for a building permit in 2008, and was told by the Board of Health that he did not qualify for another bedroom because of the size of the lot. The Board had a discussion and could not determine if there was a specific hardship. They believe that the applicant had other options. Mr. Reidy made a motion that the Board close the public hearings. Mr. Ganzenmuller, second. All were in favor to close the public hearing. Mr. Reidy made a motion that the Board accept the applicant and Attorney Kirrane's request to withdraw the application for 37 Nick Trail without prejudice. Ms. Sangeleer, second. All were in favor to accept the withdrawal. 12