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MASHPEE ZONING BOARD OF APPEALS <br /> MEETING MINUTES <br /> SEPTEMBER 25, 2024 <br /> Mr. Reidy mentioned that if an application is presented to the Zoning Board, it would require to <br /> be presented to the Conservation Commission. <br /> Mr. Caggiano said the question would be a continued discussion on how to approach this situation. <br /> There were no comments from the audience. <br /> Attorney Kirrane asked Chairman Bonvie if the Board would consider continuing the hearing to <br /> the next meeting. His discussion with Mr. Morris was to consider other options that could be <br /> presented to the Board rather than appealing the decision of the Board and Building Commissioner. <br /> Attorney Kirrane stated that if there is an option presented at the next hearing, the appeal would <br /> be withdrawn and a new application would be required to file. <br /> Chairman Bonvie asked for a motion to continue the hearing until Wednesday, October 9, 2024. <br /> Ms. Sangeleer, so moved and second. All were in favor to continue the hearing. <br /> ADDITIONAL TOPICS <br /> (This space is reserved for topics that the Chairman did not reasonably anticipate would be <br /> discussed.) <br /> Chairman Bonvie discussed that he has received case law from Attorney Kirrane regarding the <br /> raze and replace bylaw. He said that Attorney Kirrane has his own opinion of the Special Permit <br /> criteria of the bylaw. He also mentioned that he sometimes receives phone calls from engineers as <br /> well. He said that he is only one member and has his own opinion. <br /> Mr. Milbury mentioned that whoever receives the case law documentation could summarize the <br /> information to the Board. There's always room for interpretation. <br /> Attorney Kirrane said that his discussions with the Chair are general conversations regarding <br /> Special Permits. He suggested he could provide the Board his case law documentation to be <br /> included with his narrative in his applications. <br /> Mr. Reidy asked the question if the Board should be involved with making legal determinations <br /> or is it the job of the Board to making factual determinations based upon the zoning bylaws. <br /> Chairman Bonvie mentioned that the Board does not generally reach out to Town Counsel on most <br /> applications. <br /> Mr. Millbury agreed that if there is case law presented it could be discussed with the Board and <br /> read at a meeting if required. <br /> 11 <br />