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08/09/2023 ZONING BOARD OF APPEALS Minutes
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08/09/2023 ZONING BOARD OF APPEALS Minutes
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9/5/2023 5:00:56 PM
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Mashpee_Meeting Documents
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ZONING BOARD OF APPEALS
Meeting Document Type
Minutes
Meeting Date
08/09/2023
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, Town of Mashpee <br /> n, 16 Great Neck Road North <br /> Mashpee, MA 02649 <br /> 1110 <br /> rr� ra <br /> MASHPEE ZONING BOARD OF APPEALS <br /> MEETING MINUTES <br /> AUGUST 9, 2023 <br /> The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, August 9, 2023, at <br /> 6:00 p.m. in the Waquoit Room at the Mashpee Town Hall, 16 Great Neck Road North. Chairman, <br /> Ronald Bonvie, Board Members, Sharon Sangeleer, Jonathan Furbush, and Associate Members, <br /> George Ganzenmuller, Charles Reidy, Brad Pittsley, and Robert Caggiano. Also present was <br /> Building Commissioner, David Morris. <br /> Chairman Bonvie opened the meeting at 6:00 pm and announced that the hearings were being <br /> televised live on Mashpee TV. He will take comments after each hearing. <br /> CONTINUED HEARINGS <br /> 363 Monomosco r Road: Petitioner,DEER Realty Trust,Janice Copp Burns, Trustee requests an <br /> Appeal of the Building Commissioner's Decision under M.G.L. Chapter 40A §§8 and 15. <br /> Petitioner disputes the Building Commissioner's determination that the lot has merged with 7 <br /> Cricket Way, and is entitled to a building permit on the basis that the lot is grandfathered under <br /> the Zoning Bylaw §174-21 (A), and M.G.L. c. 40A §6. (Continued from July 26, 2023 at the <br /> request of the Attorney). <br /> Chairman Bonvie asked the Associate Members if they had read the documentation for this <br /> hearing.The four Board members that participated in this hearing at the past meetings and actually <br /> read the documentation were Chairman Bonvie, Sharon Sangeleer, Jonathan Furbush and Charles <br /> Reidy. <br /> Attorney Kirrane represented the applicant and agreed to proceed with the hearing with the four <br /> members. <br /> Attorney Kirrane had asked the Building Commissioner for his determination that 363 <br /> Monomoscoy Road and 7 Cricket Way were separate buildable lots that had not merged. The <br /> Building Commissioner determined that there was common ownership and merger. Attorney <br /> Kirrane presented the application to the Board and were skeptical that these lots were separate. <br /> The Board offered to continue the hearing so the Attorney could provide the Board with <br /> supplemental information to present his case further. He submitted a letter for the Board including <br /> case law that addresses three key points and evidence that supports separate ownership. <br /> 1 <br />
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