4/12/2017 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES APRIL 12, 201.7 Mr. Cannata mentioned that there was an approval for a bathroom above a garage dated 2013 for a new line to existing septic tank. Mr. Mendoza said that was from Board of Health. Mr. Mendoza read the bylaw 174-24 (K) and said you cannot write a bylaw to cover everything. What you do is submit what you currently have and what is being proposed and match it to the closest written bylaw. This proposal would match under Bylaw 174-46 Open Space Incentive Development (OSID). There was a similar case that was heard regarding 706 Old Barnstable Road. Lisa Cannata said they are trying to improve the parcel. She said they have no intent on living over this garage when the house is built. She said this would be considered the hou$e until they move forward to go with the other house. She said the reason they want to put this in phases is because they have to sell their house in Sandwich. The intent is to live over the garage while the house gets built. Then when this house was built, and then abandon that as living space and no longer have it as living quarters, and wanted to know if this is what the Board would entertain. Mr. Mendoza said the Board can entertain this, but he does not want to enforce it. Mr. Goldstein said what he suggested earlier would require them to return to the Board of Appeals with a condition that you cannot move into that house until the garage is considered not habitable space. Mr. Cannata asked if it cannot be habitable what can be done. Mr. Goldstein said it could be storage space, a garage or a kitchen. You just cannot have heat. Mr. Cannata said he didn't want a five bedroom house, he wanted to use that space as guest quarters. Mr. Goldstein that's considered an apartment, and now it becomes a two family and rental space which is not allowed. Mr. Blaisdell said the real intent here is to make sure that that Building Commissioner doesn't run around trying to enforce something like this. He said that the Chairman would like to work with you. Mr. Cannata said that the registry of deeds shows this as two lots. Mr. Furbush said there were two lots combined into one and there's only one tax bill. Mr. Cannata asked if. the Board bad any issue with the frontage. Mr. Furbush said it meets the condition of a variance. Mr. Blaisdell said you would have to apply for that variance. The Board suggested that you could withdraw and return at another time. Mr. Goldstein made a motion to accept the withdrawal from Michael and Lisa Cannata. Mr. Blaisdell seconded, yes. Mr. Furbush, yes, Mr. Pittsley, yes, and Mr. Gould, yes. All were in favor of the withdrawal.