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MASHPEE ZONING BOARD OF APPEALS <br /> MEETING MINUTES <br /> MARCH 26, 2025 <br /> Attorney Kirrane believes that this case does involve a hardship. He said that when <br /> there is a use that is allowed as of right, in this case a residential use, a Variance is <br /> the only way to allow the applicant or owner to use it in the way that it is allowed in <br /> the zoning district and is considered a hardship. Without a Variance, a single-family <br /> dwelling cannot be built. He mentioned that all the cases listed could have an <br /> existing use. <br /> Attorney Kirrane mentioned that in 2009, the former Building Commissioner <br /> deemed this lot buildable. His client bought this lot knowing that this information <br /> was available in the Building Department, and before the Wading Place Decision <br /> regarding (LSCSF) Land Subject To Coastal Storm Flowage. He said that single- <br /> family dwellings are allowed as of right in the R-3 Zoning District. <br /> Mr. Furbush mentioned that 157 Daniels Island Road has a house on the lot, but <br /> the lot in question does not have a house. Mr. Furbush asked Attorney Kirrane what <br /> the percent lot coverage is for 24 Seconsett Point Rd. Attorney Kirrane said that it <br /> would be 100% lot coverage, and the old dimensional method would meet the lot <br /> coverage requirement under the 20%. Mr. Furbush stated that the court said it is <br /> not allowed. <br /> Attorney Kirrane believes that a hardship is valid because this lot is located in an R- <br /> 3 Zoning District which allows for a single-family residence. <br /> Chairman Bonvie stated he read Attorney Kirrane's letter and case laws. He believes <br /> that the former Building Commissioner who opined on this lot back in 2009 has <br /> nothing to do with the current situation today. <br /> Mr. Bonvie would like to recommend that the Building Commissioner or ZBA <br /> Secretary reach out to Town Counsel to submit their opinion for the Board regarding <br /> the hardship issue. The Board agreed. <br /> Mr. Bonvie wanted Attorney Kirrane to discuss the uniqueness of the lot. <br /> Attorney Kirrane mentioned that this is the only vacant lot on Seconsett Island Road <br /> that is in the flood zone that is not otherwise connected to a lot that has a building <br /> on it that is presumably merged. He provided the Board with a case law out of <br /> Provincetown that upheld the Variance for a deck that the shape, topography, the <br /> soil were not unique to any other property. <br /> Attorney Kirrane said for zoning purposes to exclude the flood zone the lot is shaped <br /> like a triangle which he considers unique. <br /> 2 <br />