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MASHPEE ZONING BOARD OF APPEALS
<br />JULY 13, 2016
<br />MINUTES
<br />Building Permit Plan: Name: David D'Alessandro, Location: 21 Wilsons Grove,
<br />Mashpec, MA. Scale: 1" = 20', Date: 5/11/2016, Datum: NAVD 1988, Deed Reference:
<br />C: 16170E, Plan Reference: 11408-S & 6811-D, New England Land Survey, Professional
<br />Land Surveying, 25 Sutton Avenue, Oxford, MA 01540, Phone: (508) 987-0025, Fax:
<br />(508) 234-7723, Registry: Barnstable, *We certify that the building(s) are within the
<br />special Flood Zone AE (EL 13 Feet) See Finn: 25001CO754J Dtd: 07/16/2014. Scale: 1"
<br />= 20'. File: 2I Wilsons Grove Mashpee. Depicts: Proposed Addition (5.4'x 8.25'). Also a
<br />Proposed Floor Plan: David D'Alessandro, Location: 21 Wilsons Grove, Mashpee, MA.
<br />Scale: 1" = 10', Date: 5/11/16, Depicting the Proposed Washer & Dryer, Existing
<br />Bedroom, Detail Scale I" = 5', Note: All new construction will comply with building code
<br />standards including standards for I10 MPH wind zone. Also a Proposed Floor Support
<br />Plan, and Proposed Roof Plan. The building plan and plot plan was revised with a date
<br />of 6/5/2016.
<br />706 Old Barnstable Road: Owner, Marc J. Kadis, and Dmitry Deych of Diamond
<br />Builders seeks reversal of the Building Commissioner's Decision to prohibit a bedroom
<br />use in an accessory structure under M.G.L. Chapter 40A §8 and §15, on property located
<br />in an R-5 Zoning District, (Map 79 Parcel 66), Mashpee, MA. (Continued ft-om June 22,
<br />2016 hearings at the request of the Board).
<br />Attorney Kevin Kirrane returned to the Board as requested. He did not have any comments
<br />to add for the application.
<br />Chairman Furbush said that he and Vice Chairman, Bill Blaisdell had a conference call
<br />with Town Counsel to discuss the application. He said they reviewed the dwelling detached
<br />descriptions on page 5 of the Zoning Bylaws, the accessory dwelling description on page
<br />1, §174-25 A-1 detached dwelling page 27, §174-25 A-12 accessory dwelling, page 27,
<br />and §174-22, on page 16, and §174-46 OSID, page 93. He said after a lengthy discussion,
<br />Town Counsel agreed with the Building Commissioner, that in fact a bedroom outside the
<br />house is not allowed.
<br />Mr. Kinane said that his interpretation is that a bedroom outside of the house without any
<br />kitchen facilities constitutes a residential dwelling and that he understands the bylaw
<br />reference to the OSID. He also aclalowledged the definition for accessory dwelling and
<br />that the accessory dwelling typically would have kitchen facilities.
<br />Mr. Furbush said that the OSID would require 20 acres, and a special permit issued by the
<br />Planning Board. He said that it was concluded that the application would fall under §174-
<br />22, Compliance of Use Required. In other words, if it not listed in the Table, it's not
<br />allowed.
<br />Mr. Blaisdell said that he reviewed the wording in detail and said that if it's not listed in
<br />the Table of Use it's not allowed.
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