4/27/2016 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS APPEAL OF BUILDING COMMISSIONER'S DECISION Marc J. Kadis 706 Old Barnstable Road (Map 79 Parcel 66) Mashpee, MA 02649 AP-2016.16 Attorney Kirrane mentioned that the Board has approved accessory structures in the past with similar amenities with living space and bathroom facilities. Attorney Kirrane said the application is an appeal of the building commissioner's decision regarding the use of the garage space. He also mentioned that no building pen-nits can be issued for that space under the current bylaws. Attorney Kirrane is requesting that the Board overturn the Building Commissioner's Decision by allowing the use of this "out building" as a bedroom, bathroom and living space structure. Mr. Bonvie mentioned that the documentation on file has a building permit that was issued for the garage, but was never given occupancy approval. He also said there was no request for a bedroom on the second floor. Chairman Furbush provided the Board members documentation from the file that depicted a numerous amount of building violations and letters sent to the previous owners. Mike Mendoza addressed the Board asking if they could locate within the bylaws where it states that you could have one, two, three, four separate buildings on a single lot. He stated that what happened in the past has no bearing on how he interprets the zoning by laws. The Board asked the Building Commissioner how the petitioner can accomplish the task of allowing this type of application. Mr. Mendoza said that the Attorney will have to return to the Board with a new public hearing notice stating he's requesting an appeal of the Building Commissioner's decision to grant a building permit allowing a bedroom, bathroom and living space in an outbuilding which is not written or documented under the current zoning bylaws.Mr.Mendoza also stated that under M.G.L. 40A states that this type of application has to be heard in front of the Zoning Board of Appeals. Mr.Peter Ouellet,an abutter that resides at 63 Lady Slipper Lane.He said he owned his property for 20 years and was told that the outbuilding was supposed to be just a garage. He said he built a garage on his property and was told he could never put a bathroom, or living space in his garage. He was told by a surveyor that the structure was built too close to his property line. Ms. Nancy Soderberg, an abutter that resides at 62 Lady SIipper Lane who is concerned about the vacant building being unsafe and unhealthy. Mr. Mendoza suggested to the Board to establish consistency with these types of uses. 2