10/08/2025 ZONING BOARD OF APPEALS Minutes

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MEETING MINUTES ZONING BOARD OF APPEALS WEDNESDAY, OCTOBER 8, 2025 291 Monomoscoy Road: Owner, Jacques N. Morin, Trustee, 291 Monomoscoy Realty Trust requests a Variance under §174-33 (Setback to wetlands), and §174-31 fn. 16 (structure lot coverage) of the Zoning Bylaws to allow for construction of a 1,370 sq. ft. single-family dwelling on property located in an R-3 Zoning District, Map 120, Parcel 94, Mashpee, MA. (Continued from August 13, 2025 at the request of the Attorney). Attorney Brian Wall represented the applicant requesting a Variance to vary the lot structure coverage, and setback to wetlands to allow for construction of a single-family dwelling on a vacant lot under Section 174-31 fn. 16, and Section 174-33 of the Zoning Bylaws. Mr. Wall submitted a letter to the Board requesting a continuance in this matter. He stated that Mr. Morris, Building Commissioner subjected that this project requires a Variance as indicated in the public heating notice. The Board upheld the Building Commissioner's Decision, and an appeal was filed with Land Court. The reason for the continuance is to preserve their options. The case management conference on the appeal is scheduled for next week, and the request for continuance is for either the December hearings or a date made certain by the Board. Mr. Bonvie has concerns regarding the request. He asked Mr. Wall what options he was referring to that he wanted to preserve. Mr. Wall stated if there are any changes to the Zoning and keep the application pending the appeal. Mr. Bonvie commented as one member he did not want to subject this application to be time barred and preferred that the application be withdrawn or the Board vote. He polled the members their consensus on this request. Mr. Goldstein agreed, Mr. Furbush agreed, Mr. Caggiano agreed, and Mr. Morizio agreed. Mr. Wall asked the Board to withdraw the application without prejudice. Mr. Bonvie asked the Board for a motion to accept the withdrawal request. Mr.Furbush so moved,Mr. Caggiano second. All were in favor. 868 Falmouth Road: Petitioner,NextGrid Tung Oil, LLC requests a Modification to the existing Special Pen-nit (SP-92-53), and (SP-84-10-042) to allow for installation of five (5) large-scale ground mounted solar panels akin to carport structures at the rear of the existing storage facility. This modification also includes two waiver requests presently pending before the Planning Board; First waiver request for setback relief from (Section 174-45.C.2.c), 100 feet to approximately 63 ft. setback for solar PV carport structures. The second waiver request for maximum structure height (§174-45.7 C2.g), allowance from 15 ft. up to 23 ft. of clearance for RV and boat storage on property located in an I-1 Zoning District, Map 88, Parcel 2A, Mashpee, MA. Planning Board will vote on waivers only at its meeting on August 6, 2025 in the Waquoit Room of Town Hall, 16 Great Neck Road, Mashpee, MA 02649 and welcomes public comment at this meeting. ZBA will incorporate Planning Board waiver vote into its final modification decision. (Continued from August 13, 2025 hearings at the request of the Applicant). 3