4/27/2016 ZONING BOARD OF APPEALS ZBA Decision

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Town o J' ashpee 16 eat jl eco,�k©cccl J1©1 tlt.. Waslipee massaehlcsetts.0.2649 MASHPEE ZONING BOARD OF APPEALS APPEAL OF BUILDING COMMISSIONER'S DECISION AP-2016-16 Marc J. Kadin Doc. #: 1179253 706 Old Barnstable Road Ctf, #: 195803 (Map 79 Parcel 66) Mashpee, MA 02649 A Petition was filed on March 16, 2016 by Owner, Marc J. Kadis, and Dmitry Deych of Diamond Builders seeking reversal of Building Commissioner's Decision under M.G.L. Chapter 40A §8 and §15, and §174-19 of the Zoning Bylaws to prohibit in-law suite with bedroom use in accessory structure on property located in an R-5 Zoning District, (Map 79 Parcel 66), Mashpee, MA. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on April 1, 2016 and April 8, 2016 a copy of which is attached hereto and made a part hereof: The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A §8 and §15 and §174-19 the Town of Mashpee Zoning By-laws. Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, April 27, 2016 at which time the following members of the Board of Appeals sat on this hearing; Chairman,Jonathan Furbush,Vice Chairman,William Blaisdell,Board Members, Ron Bonvie, Dor.DeBarros, and Scott Goldstein. Attorney, Kevin Kirrane represented the petitioners who are seeking reversal of the Building Commmnissioner's Decision of the subject property. The current owner acquired this property back in 2011 in"as-is"condition that consists of two single-family residential structures. Attorney Kirrane provided photographs, floor plans, and a narrative detailing the history and conditions of both buildings. The structure closest to the street is a 4-bedroom residence, and there's a structure to the rear of that building which was initially permitted as a garage and storage space above. The previous owners turned the garage into a single- family residence by adding a kitchen, bath and living space without permission. When informed of the situation, the current owner removed the kitchen from the garage transforming it into storage and living space only. The owner does not want to attempt to seek variance relief from. the Board to re-establish a single-family residential use, or an in- law apartment, but is seeking pen-nission to allow a single-family, or a bedroom use with living space and bathroom as an "out building". 1