4/12/2017 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES APRIL 12, 2017 Mr. Cannata said that Mike Mendoza is aware of this project and has seen the plans a few times and it was his recommendation that he apply to the Board for the pre-existing, non- conforming frontage issue on an odd shaped lot with 54.6 feet from the street side which doesn't meet the current zoning criteria. Mr. Cannata said he would like to have the living space over the garage and said that the Board has offered this situation in the past. He respectfully requested that he could have the same and live in the apartment over the garage which would be the fifth bedroom. The main house will be restricted to four bedrooms. Mr. Cannata said the property is obviously large enough to sustain a five bedroom septic as shown on the plan, and the one bath in the garage would be tied into the septic system. He said he would like to phase the project so the main house wouldn't be built initially. The initial goal is to get a building permit to build the garage which is step one. Mr. Furbush read the comments into the record from Conservation stating that the project was approved on 9/22116. Mr. Blaisdell read the comments from the Board of Health into the record. Mr. Cannata said the proposed lot coverage is at 7%. He said the existing garage is closer to the lake front, and the proposed garage will be further away, as well as the house. Mr. Goldstein reviewed the plan depicting the existing lot coverage as 3.3% and the proposed is 7%. He wanted to make sure that the proposed lot coverage included the new house, the new garage, and removing the old structure. Mr. Blaisdell read the Inspections Department comments into the record issued by the Building Commissioner dated March 30, 2017. Mr. Furbush said that the Board has not allowed a detached accessory apartment for the past three to four years. Mr. Furbush said that this particular project, in his opinion, is not allowed. The Board had a discussion regarding a previous case that had a similar situation located on OId Barnstable Road that the Board could not approve. Mr. Furbush also mentioned a similar case in the Popponesset area. Mr. Goldstein commented that this particular project includes building the garage as a house with the septic, and then at the time the house gets built, removing the bathroom and convert the garage into a garage. Mr. Goldstein said you would have to remove the heat and septic connection. Mr. Furbush suggested that he get a trailer. He stated if it is not listed in the Zoning Bylaws it is.assumed that it is not allowed. These type of projects in the past were never allowed even though they were approved, and now it's enforced. Mr. Furbush gave an example that the bylaws don't mention that you cannot have a nuclear power plant in your back yard but it doesn't say you can. 2