7/13/2016 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS JULY 13, 2016 MINUTES Mr. Kirrane concluded that his position is that a single-family residential use was designated in the by-law, and the use is located on this site notwithstanding maybe in more than one building is a single-family residential use. He said we agree to disagree and believes there is a specific reference to a single-family residential use and constitutes a single-family residential use, but apparently Town Counsel believes that it's a single- family residential use with an accessory dwelling. Mr. Bonvie made a motion to approve the reversal of the Building Commissioner decision to prohibit a bedroom use in an accessory structure of Owner, Marc J. Kadis, and Dmitry Deych of Diamond Builders under M.G.L. Chapter 40A §8 and §15, on property located in an R-5 Zoning District, (Map 79 Parcel 66), Mashpee, MA. Mr. Blaisdell seconded. Mr. Furbush voted no, Mr. Blaisdell, voted no, Mr. Bonvie, voted no, Mr. Goldstein, voted no, and Mr. DeBarros, voted no. All members voted unanimously to deny the application of the Building Commissioner's appeal. 43 Waterline Drive South: Steven and Susan Bozkurtian request a Written Finding under §174-17 of the Zoning Bylaws to raze and replace a single-family dwelling on property located in an R-3 Zoning District (Map 120 Parcel 148), Mashpee, MA. Owner of record: 43 Waterline LLC. (Continued until August 10, 2016 hearings at the request of the attorney). Chairman Furbush read a letter fiorn Attorney Kevin Kirrane's office requesting a continuance until August 10, 2016 until an Amended Order of Conditions is approved by the Conservation Commission. Mr. Bonvie, made a motion to accept the letter of continuance for the application. Mr. Furbush seconded. All were in favor to accept the continuance until August 10, 2016. NEW HEARINGS 67 Monahansett Road: Owners, Jeanne M. Gallagher and Regina L. Lawson request a Written Finding under § 174-17 of the Zoning Bylaws to raze and replace a single-family dwelling on property located in an R-3 Zoning District and within the Popponesset Overlay District, (Map 123 Parcel 97), Mashpee, MA. (Continued until Septeinber 14, 2016 hearings at the request of the Petitioner). Mr. Furbush read a letter from Millbrook Modular Homes, Petitioner, representing the application for the homeowners, requesting a continuance until September 14, 2016 pending conservation approval. Mr. Bonvie made a motion to accept the request to extend their hearing until September 14, 2016. Mr. Blaisdell seconded. All were in favor. Mr. Bonvie asked the Chairman if an applicant filed for this hearing, and someone other than the applicant asked for an extension could the Board be in a situation of an approval by default. 3