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MASHPEE ZONING BOARD OF APPEALS <br /> MEETING MINUTES <br /> JULY 9, 2025 <br /> 8. Conditioned that the applicant seek and obtain the Building Department <br /> review in reference to the Tree Bylaw Chapter 175 of the Town Bylaws prior <br /> to the application of a building permit. <br /> 9. The Board finds under §174-17 that the proposed project is not <br /> substantially more detrimental than the pre-existing, nonconforming <br /> structure or use to either the Town or the neighborhood. <br /> 8 Nehoiden Road <br /> Sitting on this hearing are the four regular Board members and Mr. <br /> Ganzenmuller. <br /> Attorney Christopher Kirrane presented the Written Finding request. Attorney <br /> Kirrane stated there are several proposed additions to the existing house. A <br /> deck, stairs and a second-floor addition. There is an ADU proposed that would <br /> be as of right under the new State law, but this lot is nonconforming because <br /> it is within the flood zone, and setback to wetlands. Attorney Kirrane wanted to <br /> confirm if Mr. Morris has a conflicting opinion. <br /> Mr. Morris did not review the plan prior to the meeting and thought that the <br /> garage was existing, and that the ADU was above the garage. He stated that the <br /> ADU is irrelevant. <br /> Attorney Kirrane commented that the petition applications do not have a <br /> description line item for detailing a proposed project. However, Attorney Kirrane <br /> does mention the ADU description in his presentation that was submitted with <br /> the application. <br /> Ms. Sangeleer stated that there the advertisement does not mention the garage. <br /> Mr. Bonvie asked Attorney Kirrane why he mentioned the ADU because Mr. <br /> Morris could approve the ADU without the Board's approval. Attorney Kirrane <br /> wanted to confirm with the Board because of the flood zone. <br /> Mr. Bonvie confirmed that Mr. Morris is not asking the Board to approve or <br /> disapprove the plan of the ADU, and that he could issue a building permit <br /> without the Board's approval. Mr. Morris said; correct. <br /> Mr. Bonvie wanted to make certain that Attorney Kirrane will not discuss the <br /> ADU because the Board will not approve or disapprove the ADU if a motion is <br /> made. <br /> 7 <br />