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MASHPEE ZONING BOARD OF APPEALS <br /> APPEAL OF BUILDING COMMISSIONER'S DECISION <br /> Marc J. Kadis <br /> 706 Old Barnstable Road (Map 79 Parcel 66) <br /> Mashpee, MA 02649 <br /> AP-2016-30 <br /> Chairman Furbush said after a lengthy discussion, Town Counsel agreed with the <br /> Building Commissioner, that in fact a bedroom outside the house is not allowed. <br /> Attorney Kirrane said that his interpretation is that a bedroom outside of the house <br /> without any kitchen facilities constitutes a residential dwelling and that he understands the <br /> bylaw reference to the OSID. He also acknowledged the definition for accessory dwelling <br /> and that the accessory dwelling typically would have kitchen facilities. <br /> Chairman Furbush said that the OSID would require 20 acres, and a special permit <br /> issued by the Planning Board. He said that it was concluded that the application would fall <br /> under §174-22, Compliance of Use Required. In other words, if it not listed in the Table, <br /> it's not allowed. <br /> Vice Chairman Blaisdell said that he reviewed the wording in detail and said that <br /> if it's not listed in the Table of Use it's not allowed. <br /> Mr. Kirrane concluded that his position is that a single-family residential use was <br /> designated in the by-law, and the use is located on this site notwithstanding maybe in more <br /> than one building is a single-family residential use. He said we agree to disagree and <br /> believes there is a specific reference to a single-family residential use and constitutes a <br /> single-family residential use, but apparently Town Counsel believes that it's a single- <br /> family residential use with an accessory dwelling. <br /> In view of the foregoing, the Board agreed with the Building Commissioner's <br /> Decision to prohibit a bedroom use in an accessory structure under M.G.L. Chapter 40A <br /> §8 and §15, on property located in an R-5 Zoning District, (Map 79 Parcel 66), Mashpee, <br /> MA. Upon motion duly made and seconded, the Board voted unanimously 5-0 to deny the <br /> application to appeal the Building Commissioner's decision at the Public Hearings on <br /> Wednesday, July 13, 2016. <br /> 2 <br />