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MASHPEE ZONING BOARD OF APPEALS <br /> MEETING MINUTES <br /> MARCH 26, 2025 <br /> Mr. Bonvie said; the property soil conditions, shape and topography of the literal <br /> enforcement of the ordinance would cause substantial hardship. <br /> Mr. Yergatian said that the relief refers to topography and the elevation of the ground <br /> because the ground is not above the elevation of the flood zone. The topography is <br /> the constraint; there is no slope criteria. The height of the existing ground is the <br /> reason for the request of variance relief. If the height of the existing ground were <br /> above the flood zone, it would not require relief. <br /> Ms. Sangeleer asked how this lot is different from the other lots in the neighborhood. <br /> Mr. Yergatian said; he does not have that information, but the other lots potentially <br /> have land above the flood zone. <br /> The Board had a discussion regarding the application as a vacant lot because most <br /> applications they review are raze and replace which have preexisting nonconforming <br /> situations. <br /> Mr. Yergatian wanted to know where this law came from. <br /> Mr. Bonvie said that this application is that there are no pre-existing <br /> nonconformities. He mentioned that the Variance criteria is a Massachusetts State <br /> Law, and not a Town mandated procedure. <br /> Mr. Blaisdell asked Mr. Bonvie if the State overrules the Town bylaw. Mr. Bonvie <br /> said the Town does not have a variance bylaw. <br /> Mr. Mills said the State law does not require a financial hardship. It requires a <br /> hardship financial or otherwise. <br /> Mr. Bonvie polled the Board regarding the topography of the lot. Mr. Goldstein, no, <br /> Mr. Furbush, no, Mr. Blaisdell, yes, Mr. Bonvie, no, and Ms. Sangeleer, no. The <br /> Board voted 4-1 that the topography or other conditions of the lot is not a reason <br /> that would allow a variance. <br /> Mr. Bonvie mentioned that there are three items that this project does not meet the <br /> Variance criteria. <br /> Mr. Mills does not believe that this application should have been required an <br /> application of the Board because of the New Seabury Special Permit issued in 1964. <br /> Mr. Bonvie suggested that Mr. Mills have a conversation with Mr. Morris and discuss <br /> the reason he required a filing with the Zoning Board. <br /> 8 <br />