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,.. Town of Mashpee <br /> N �. <br /> 16 Creat J eck kgad At tI� <br /> �L E� Mashpee,Alassachusetls 02649 <br /> MASHPEE ZONING BOARD OF APPEALS <br /> APPEAL OF BUILDING COMMISSIONER'S DECISION <br /> AP-2016-30 <br /> Marc J. Kadis Doc. #: 1179253 <br /> 706 Old Barnstable Road Ct£ #: 195803 <br /> (Map 79 Parcel 66) <br /> Mashpee, MA 02649 <br /> A Petition was filed on May 24,2016 Owner, Marc J. Kadis, and Dmitry Deych of <br /> Diamond Builders seeks reversal of the Building Commissioner's Decision to prohibit a <br /> bedroom use in an accessory structure under M.G.L. Chapter 40A §8 and §15,on property <br /> located in an R-5 Zoning District, (Map 79 Parcel 66), Mashpee, MA. <br /> Notice was duly given to abutters in accordance with Massachusetts General Laws <br /> Chapter 40A.Notice was given by publication in The Mashpee Enterprise, a newspaper of <br /> general circulation in the Town of Mashpee, on June 3, 2016 and June 10, 2016 a copy of <br /> which is attached hereto and made a part hereof. <br /> The Mashpec Zoning Board of Appeals issues this Decision pursuant to the <br /> provisions of Massachusetts General Laws Chapter 40A §8 and §15 of the Town of . <br /> Mashpee Zoning By-laws. <br /> At the Public Hearings held on the Petition at the Mashpee Town Hall on <br /> Wednesday, June 22, 2016, the Board had a discussion and questioned the code violations <br /> the abandonment issue, and the non-confonning nature of the property. They also needed <br /> clarification of the bylaws concerning this type of use.They decided to continue the hearing <br /> until July 13,2016 ZBA hearings so they could have a discussion and get Town Counsel's <br /> opinion. <br /> The Board held Public Hearings on the Petition at the Mashpee Town Hall on <br /> Wednesday, July 13, 2016 at which time the following members of the Board of Appeals <br /> were present; Chairman, Jonathan Furbush, Vice Chairman, William Blaisdell, Board <br /> Members,Ron Bonvie,Dom DeBarros,and Scott Goldstein,and Associate Members,Brad <br /> Pittsley and Norman J. Gould. Also present was Building Commissioner, Michael <br /> Mendoza. <br /> Attorney, Kevin Kirrane returned to the Board and did not have any comments to <br /> add for the application. <br /> Chairman Furbush said that he and Vice Chairman,Bill Blaisdell had a conference <br /> call with Town Counsel to discuss the application. He said they reviewed the dwelling <br /> detached descriptions on page 5 of the Zoning Bylaws, the accessory dwelling description <br /> on page 1, §174-25 A-1 detached dwelling page 27, §174-25 A-12 accessory dwelling, <br /> page 27, and §174-22, on page 16, and §174-46 OSlD, page 93. <br /> 1 <br />