6/22/2016 ZONING BOARD OF APPEALS Minutes

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`roman ofMashpee 16 Great Xeck Aoad ,Xorlh Mashpee, Mossachuseas 02649 MASHPEE ZONING BOARD OF APPEALS JUNE 22, 2016 MINUTES The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, June 22, 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, Dom DeBarros, and Associate Members, Brad Pittsley and Norman J. Gould were present. Building Commissioner, Michael Mendoza was also present. PLEGE OF ALLEGIANCE NEW HEARINGS 706 Old Barnstable Road: Owner, Marc J. Kadis, and Dmitry Deych of Diamond Builders seeks reversal of the Building Conu-nissioner's Decision to prohibit a bedroom use in an accessory structure under M.G.L. Chapter 40A §8 and §15, on property located in an R-5 Zoning District, (Map 79 Parcel 66), Mashpee, MA. Attorney Kevin Kirrane represented the homeowner regarding this appeal application. The application is based upon two pre-existing, single-family dwellings situated on one lot which is not allowed under the Zoning Bylaws. Mr. Kirrane said he received a letter from Michael Mendoza, Building Commissioner dated May 5, 2016 listing the reasons he denied the request. Mr. Kirrane stated that he considers the dwellings to be utilized as single- family residential use, with only one bedroom, seating area, and a separate out -building as storage. He stated that these dwelling are not exceeding the number of bedrooms on the site. Mr. Michael Mendoza, Building Commissioner approached the Board and handed out a memo with his reasons denying the application. He said that based on the Zoning Bylaws he cannot locate anything that clearly states that the Town allows this type of use, and he cannot issue a permit. The Board had a discussion and questioned the code violations on the property, regarding the abandonment issue, and the non -conforming nature of the property. They decided it would be best to talk with Town Counsel on these matters. They would like to continue the hearing until July 13, 2016 ZBA hearings so they can have a discussion and get Town Counsel's opinion. Mr. Blaisdell made a motion to continue this hearing for Marc J. Kadis, and Dmitry Deych of Diamond Builders who seeks reversal of the Building Commissioner's Decision to prohibit a bedroom use in an accessory structure under M.G.L. Chapter 40A §8 and §15, on property located in an R-5 Zoning District, (Map 79 Parcel 66), Mashpee, MA. Dom seconded. All were in favor to continue the hearing until July 13, 2016 and have a discussion with Town Counsel for his opinion.