05/14/2025 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES MAY 14, 2025 Mr. Reidy made a motion to accept the continuance. Mr. Furbush second. All were in favor. 119 Daniels Island Road Attorney Rob Mills represented the application on behalf of New Seabury. Also present was Nick Galanis, Project Manager. At the last meeting, the Board suggested there be a discussion with Mr. Morris regarding the Variance application. Mr. Morris rendered an opinion after his discussion with Town Counsel that a Variance application is not appropriate. Therefore, Attorney Mills is asking for a withdrawal of the Variance application. Mr. Furbush read the memo into the record submitted to the Board from Mr. Morris. Mr. Bonvie addressed the Board that the Zoning Enforcement Officer determined that there is protection of this lot and could require a Written Finding from the Board. He suggested that a new application be submitted from the applicant, and to notify the abutters. Mr. Morris mentioned that he agreed that a Written Finding application is the correct approach. Mr. Galanis said that the application does not require ARC approval because the lot is within the New Seabury Special Permit. Mr. Morris said that his initial determination was incorrect, but he does believe that a new application for a Finding from the Board is the appropriate procedure, and he will waive the application fee, but the fees for the abutter mailing is required. The other reason for the revised application is because the lot is totally within (LSTCSF) Land Subject To Coastal Storm Flowage. Mr. Bonvie polled the Board and all agreed that a Written Finding application would be the appropriate procedure. Mr. Reidy made a motion that the Board accept the request to withdraw the Variance application for 119 Daniels Island Road. Mr. Furbush second. All were in favor. 5