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MASHPEE ZONING BOARD OF APPEALS <br /> MEETING MINUTES <br /> FEBRUARY, 26, 2025 <br /> Attorney Kirrane stated that Ms. Berdichevsky's parents could not traverse the <br /> patio safely and he believes this is a substantial hardship. He provided the Board <br /> with case law regarding Disabilities Act MGL 40A Section 3 should not <br /> discriminate against people with handicaps. He mentioned that the lot is odd <br /> shaped. <br /> Chairman Bonvie addressed the Board and said he read the case law. <br /> Mr. Reidy read the BOH and Conservation Dept. comments into the record. <br /> Mr. Reidy asked Attorney Kirrane if the parents reside in the dwelling. He wasn't <br /> sure if it legally makes a difference. <br /> Attorney Kirrane said that the homeowner's parents utilize the property. <br /> Mr. Bonvie asked for Mr. Morris's opinion. <br /> Mr. Morris mentioned that a ramp could be installed and could be done as of <br /> right. <br /> Ms. Berdichevsky mentioned that her parents do not traverse further than the <br /> deck. <br /> Attorney Kirrane said that the case law variance was denied but believes this <br /> case has a valid hardship. <br /> Mr. Bonvie read a section of the case law. "A hardship resulting from a personal <br /> condition or characteristic of the owner rather than conditions effecting the land <br /> itself does not validate a variance. A variance applies to the land rather to the <br /> current owner and runs with the land when conveyed to another owner." <br /> The Board suggested other options to assist Ms. Berdichevsky. Ms. Berdichevsky <br /> discussed the details of her parents' disabilities. She said that her parents have <br /> been ill for at least 5 years. <br /> Mr. Bonvie apologized to Ms. Berdichevsky for her ailing parents. However, a <br /> decision was granted one year ago based on the request to rebuild the deck. <br /> Mr. Bonvie asked for final Board comments. Mr. Milbury said in his opinion he <br /> would like to allow the applicant what they want, but has to stay with the letter <br /> of the law. Mr. Reidy said he believes there could be other options available that <br /> may not require Board approval. Mr. Blaisdell suggested that the Attorney could <br /> withdraw the application. Ms. Sangeleer reviewed the photo of the deck and <br /> believes that there are other options available. <br /> 10 <br />