4/27/2016 ZONING BOARD OF APPEALS Minutes

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4+�f 1U11N (,y. 5 Tow! V oj'Mashf✓e vald hicishp e,.Wassachmetts 02649 MASHPEE ZONING BOARD OF APPEALS APRIL 27, 2016 MINUTES The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, April 27, 2016, at 6:00 p.m. in the Waquoit Room at the Mashpee Town Hall, 16 Great Neck Road North. Board Members Jonathan D. Furbush, William A. Blaisdell, Ronald Bonvie, Dom DeBarros, Scott Goldstein, and Associate Members, Brad Pittsley and Norman J. Gould were present. Building Commissioner, Michael Mendoza was also present. PLEDGE OF ALLEGIANCE NEW HEARINGS 706 Old Barnstable Road: Owner, Marc J. Kadis, and Dmitry Deych of Diamond Builders seeks reversal of Building Commissioners Decision under M.G.L. Chapter 40A §8 and § 15, and §174-19. of the Zoning Bylaws to prohibit in-law suite with bedroom use in accessory structure on property located in an R-5 Zoning District, (Map 79 Parcel 66), Mashpee, MA. Attorney, Kevin Kirrane represented the petitioners who are seeking reversal of the Building Commissioner's Decision of the subject property. The current owner acquired this property back in 2011 in "as -is" condition that consists of two single-family residential sti uctures. Attorney Kirrane provided photographs, floor plans, and a narrative detailing the history and conditions of both buildings. The structure closest to the sheet is a 4 -bedroom residence, and there's a structure to the rear of that building which was initially permitted as a garage and storage space above. The previous owners turned the garage into a single- family residence by adding a kitchen, bath and living space without permission. When informed of the situation, the current owner removed the kitchen from the garage transforming it into storage and living space only. The owner does not want to attempt to seek variance relief from the Board to re-establish a single-family residential use, or an in- law apartment, but is seeking permission to allow a single-family, or a bedroom use with living space and bathroom as an "out building". Attorney Kirrane mentioned that the Board has approved accessory structures in the past with similar amenities with living space and bathroom facilities. Attorney Kirrane said the application is an appeal of the building commissioner's decision regarding the use of the garage space. He also mentioned that no building pen -nits can be issued for that space under the current bylaws.