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Town of Mashpee <br /> 16 Great Neck Road North <br /> Mashpee, MA 02649 <br /> MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR WITHDRAWAL OF A VARIANCE <br /> V-2023-68 <br /> Owners, Brian J. Kelleher and Doc.: 803769 <br /> Karen F. Kelleher Ctf.: 158140 <br /> 37 Nick Trail <br /> Map 117 Parcel 300 <br /> Mashpee, MA 02649 <br /> A Petition was filed on October 30, 2023 by Owners, Brian J. and Karen F. Kelleher requesting a <br /> Variance from §174-31 special footnote 12 of the Zoning Bylaws to allow for separation of a <br /> merged lot shown on assessors Map 117, Parcel 300 and located in both the R-3 and Popponesset <br /> Overlay Districts, Map 117 Parcel 300, Mashpee, MA. <br /> Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. <br /> Notice was given by publication in The Mashpee Enterprise,a newspaper of general circulation in <br /> the Town of Mashpee, on November 10, 2024 and November 17, 2023. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of <br /> Massachusetts General Laws Chapter 40A §10 and the Town of Mashpee Zoning By-laws. <br /> Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, January 24, <br /> 2024 at which time the following members of the Board of Appeals were present and acting <br /> throughout; Chairman, Ronald Bonvie, Board Members, Sharon Sangeleer, William A. Blaisdell, <br /> Scott Goldstein and Associate Member, George Ganzenmuller. <br /> Attorney Kirrane represented Mr. Brian Kelleher, the applicant for the Variance request who was <br /> also present. The Variance application is a request to unmerge two lots that are held in common <br /> ownership. These lots are located within the Popponesset Overlay District that requires 6,000 sq. <br /> ft. of lot area, and 60 ft. of frontage in the Zoning Bylaws. Until December, 2023, these lots had <br /> 6,000 sq. ft. of lot area, and 60 ft. of frontage. However, since the Wading Place Decision, these <br /> lots are now considered to be in the flood zone, and have zero sq. ft. of lot area. He said that the <br /> Building Commissioner could have issued a Building Permit back in 2021, irrespective of the <br /> common ownership issue. <br /> The Board is aware that they have to determine if there is a hardship either for soil conditions, <br /> shape,or topography in order to provide variance relief.Attorney Kirrane believes that this request <br /> has soil condition and topography issues because of the flood zone. <br /> 1 <br />