12/13/2023 ZONING BOARD OF APPEALS Minutes (2)

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR WITHDRAWAL OF A VARIANCE Owners, Brian J. Kelleher and Karen F. Kelleher 37 Nick Trail, Map 117, Parcel 300 Mashpee, MA 02649 V-2023-68 Mr. Bonvie stated that under the current zoning, the Board does not have a right to allow this Variance because the lots are merged,the lot has zero square footage in the flood plain as noted in the bylaw. He does not believe that the flood plain has anything to do with soil conditions. Mr. Kelleher spoke to the Board. 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. There were no more comments from the Board. There were no abutters present. The Board had a discussion and could not determine a specific hardship as indicated under the bylaw Chapter 40A: Section 10. Variances. The Zoning Board specifically could not find: That circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, 1) a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and that 2) desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or by-law. Attorney Kirrane asked the Board to accept his client's withdrawal without prejudice. Upon motion duly made and seconded at the Public Hearings on Wednesday, January 24, 2024, the Zoning Board of Appeals voted to accept Attorney Christopher Kirrane's withdrawal without prejudice on behalf of his clients, Brian J. Kelleher and Karen F. Kelleher for a Variance request application located at 37 Nick Trail, Map 117, Parcel 300, Mashpee, MA. Ms. Sangeleer, yes, Mr. Goldstein, yes, Mr. Ganzenmuller, yes, Mr. Blaisdell, yes, and Mr. Bonvie, yes. All were in favor to accept the withdrawal without prejudice. MASI.If'EE TOWN CLERK 3