Laserfiche WebLink
ollbmuw <br /> Town of Mashpee <br /> 16 Great Neck Road North <br /> Mashpee, MA 02649 <br /> MASHPEE ZONING BOARD OF APPEALS <br /> MEETING MINUTES <br /> FEBRUARY 12, 2025 <br /> The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, <br /> February 12, 2025, at 6:00 p.m. in the Waquoit Room at the Mashpee Town Hall, <br /> 16 Great Neck Road North. Chairman, Ronald Bonvie, Board Members, Sharon <br /> Sangeleer, Jonathan Furbush, Scott Goldstein, and Associate Member, Michael <br /> Milbury. Also present was Building Commissioner, David Morris. <br /> Chairman Bonvie opened the meeting at 6:00 pm and announced that the <br /> hearings were being televised live on Mashpee TV. He will take comments after <br /> each hearing. <br /> Attorney Christopher Kirrane discussed an update regarding the 228 Wading <br /> Place Road Land Court Case. The raze and replace project was issued a Special <br /> Permit by the Zoning Board; it was appealed to Land Court and the Court's <br /> determination is that flood zone had to be discounted from lot area. That is the <br /> reason for the 100% lot coverage; no setback from wetlands or flood zone. The <br /> Court made that decision and remanded the decision back to the Board. The <br /> Board reviewed it with the umbrella of the case from Land Court, and approved <br /> the project a second time, but the neighbors appealed to Superior Court. Back <br /> in May, Attorney Kirrane filed a motion for summary judgement which is a legal <br /> procedure hoping to resolve the case without having to go to trial. <br /> The abutters filed a cross motion, and nine months later received information <br /> from Superior Court which now requires a trial. The Judge did rule on one issue <br /> which supported the Board's and Mr. Morris' interpretation and of the bylaw, <br /> which is the area that is within the pilings of the proposed dwelling is not <br /> considered a story. The abutter had claimed that the pilings area constituted a <br /> story; instead of a 2.5 story house, it was actually a 3.5 story house, but the <br /> Judge disagreed with that argument, and it is mentioned in the decision that <br /> that area is not considered a story. The Board congratulated Mr. Morris for his <br /> interpretation. Attorney Kirrane stated that the case is still on-going, but wanted <br /> to inform the Board. <br /> 1 <br />