08/12/2026 ZONING BOARD OF APPEALS Minutes (2)

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES AUGUST 12, 2026 Mr. Bonvie asked the applicant if he prefers an extension until September 9, 2026. Mr. Bright agrees. Mr. Bonvie asked for a motion to accept the applicant's extension. Mr. Furbush so moved. Mr. Goldstein second. All were in favor to extend the hearing until September 9, 2026. 24 Seconsett Point Road: Owners, Joshua and Nicole Delman seek Variance relief from lot coverage to build a single-family dwelling on a lot completely within the flood zone under§174-31 (Land Space Requirements), and §174-33 (Setback to wetlands) of the Zoning Bylaws on property located in an R-3 Zoning District, Map 124, Parcel 35, Mashpee, MA. Attorney Christopher Kirrane represented Mr. Joshua and Ms. Nicole Delman, the applicants seeking a Variance to allow for construction of a single-family home. This application was before the Board last year under M.G.L. 40A Section 10; to determine if the project "specifically finds that owing to circumstances relating to the soil conditions, shape or topography of such land or structures but not affecting the zoning district...or bylaw would involve substantial hardship." On July 1, 2026, the State revised the requirements and are now allowing certain variance requests "whether strict enforcement would result in a practical difficulty." There is no case law as of this date, and the Board will now have to determine the new definition of a practical difficulty. The Board can consider and weigh the benefits of the applicant; the public interest, including promoting housing against the detriment to the public good. The Board may also consider but is not required to consider other facts; whether there is substantial financial hardship or otherwise, whether the desired relief can be achieved by some other method feasible for the applicant, or does the practical difficulty relates to topography, or was the practical difficulty self- created. The Board may consider these factors, but it is not required. The property is a vacant lot on Seconsett Island in the R-3 Zoning District. The lot size requirement is 40,000 sq. ft., lot frontage is 150 ft., the front yard setback is 40 ft., and the side and rear yard setbacks are 15 ft., and the maximum lot coverage is 20%, the maximum height requirement is 35 ft., and the setback to wetlands is 50 ft. The lot is completely in the flood zone with the available lot area of 470 sq. ft. which is a nonconforming condition and will have a zero-foot setback from wetlands, and the frontage is nonconforming at 94.46 ft. There are two variance requests, one is 100% lot coverage. Any structure that is proposed will have over 20% lot coverage because the lot is totally in the flood zone and will also require 50 ft. from wetlands. 5