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MASHPEE ZONING BOARD OF APPEALS <br /> MEETING MINUTES <br /> JUNE 11, 2025 <br /> Mr. Ganzenmuller read the Board of Health comments into the record. Mr. Reidy <br /> read the Conservation Department comments into the record. <br /> Mr. Goldstein read a memo from David Morris, Building Commissioner into the <br /> record. <br /> Mr. Reidy read the letter into the record submitted by Town Counsel dated May <br /> 28, 2025. <br /> Attorney Kirrane had some closing arguments to discuss with the Board. He <br /> understood that the Board considered Town Counsel's opinion regarding the <br /> hardship criteria of the variance request, and that the Board agreed that the request <br /> does not derogate from the intent of the bylaw. However, Attorney Kirrane disagrees <br /> with the Board's opinion regarding the uniqueness of the property. The Board is <br /> hyper focused on the neighborhood of Seconsett Island Road. <br /> Attorney Kirrane stated that Section 10 of the statute is written that "circumstances <br /> must not effect generally the zoning district" not the neighborhood. He demonstrated <br /> using the Town map that generally speaking, not all of the R-3 zoning district is in <br /> a flood zone. In his opinion, Attorney Kirrane believes that there is a unique situation <br /> that does not generally affect the zoning district. His other argument is that removing <br /> the flood zone from the lot area does not affect the zoning district as indicated in <br /> Section 10 under M.G.L. 40A. He mentioned that the Building Commissioner agrees <br /> that this lot is entitled a variance, and Attorney Kirrane agrees as well irrespective <br /> of Town Counsel's opinion. <br /> Chairman Bonvie asked for comments from the audience. There were no comments <br /> from the audience. <br /> Mr. Bonvie polled the Board for their opinion of the Variance criteria referencing the <br /> uniqueness of the soil conditions, topography, etc. Mr. Goldstein, and Mr. Blaisdell <br /> agreed that there are unique soil conditions. Mr. Furbush does not agree referencing <br /> the percentage of existing homes in the area of Seconsett Island, Monomoscoy Road, <br /> and Popponesset as a very dense area. <br /> Mr. Bonvie said that the first reference criteria does not mention flood zone. Attorney <br /> Kirrane said he considers flood zone as elevation. Mr. Furbush said it's a square lot. <br /> Attorney Kirrane said not if you remove the flood zone. <br /> Ms. Sangeleer does not agree it has unique conditions, and Mr. Bonvie does not <br /> agree it has unique conditions. The Board does not consider this application <br /> deserves variance relief. Attorney Kirrane asked to withdraw the application without <br /> prejudice. <br /> 2 <br />