04/12/2006 ZONING BOARD OF APPEALS Minutes

Home Browse Search

Mashpee Zoning Board of Appeals Minutes • 2 April 12, 2006 with no living space above. They are before the Board this tonight to rectify what turned into a confusing situation for the space above the garage. The Building Inspector at the time Russ Wheeler, informed Mr. Quigley that he needed to close off the section of the barn/garage and now it appears to be considered living space. The Board would to know what the intension of the resident is since this appears to look like an apartment. The Board questions about the potential use and what it is now. They have indicated that they will only allow the space to be used for office use. To clarify the use of the permit, it is decided that the existing room shall be modified from the A-02-76 to reflect they will allow a bathroom, heat, sheet rock with an accessible interior door— office/business use only. No living space will be allowed. There is some further discussion of how much commercial equipment is presently being stored on the residential property. The Board reminds the applicant that it should not be stored outside and only one piece of equipment is allowed on the property. Frederick Borgeson makes a motion to grant the special permit. Marshall Brem seconds the motion. All agree. So moved. Mr. Nelson takes a roll call vote. Mr. Borgeson votes yes. Mr. Brem votes yes. Mr. Nelson votes yes him. Mr. Reiffarth votes yes. Mr. Forbush votes yes. Motion is carried. Reference plans from Cape & Islands Engineering; dated March I I, 1999, Plan no. 031 199. David and Leslie Shinn : Request a Special Permit from Section 174-45.4 of the Zoning By-laws in order to build an accessory apartment on property located in an R-5 zoning district at 37 Tobisset Street (Map 37 Parcel 1 12) Mashpee, MA. • David and Leslie Shinn : Request a Variance from Section 174-31 of the Zoning By- laws to seek relief from the setback requirements in order to build an accessory apartment on property located in an R-5 zoning district at 37 Tobisset Street (Map 37 Parcel 1 12) Mashpee, MA. Sitting: Robert Nelson, Frederick Borgeson, Jonathan Furbush, Eric Dublirer..)ames Reiffarth (Marshall Brem recused himself from this hearing) Mr. David Shims represents himself at this hearing. He is seeking a special permit in order to build an accessory structure and a variance for sideyard setback relief. The Board reviews the plans and finds this to be a very large accessory structure. The plan calls for the existing deck to be removed and a family room/sun room be built that will connect the apartment for his mother in law. There are comments about the parking and the driveway will need to be widened a bit to accommodate another vehicle which Mr. Shinn agrees to do. The Board discusses the part of the by-law that references the apartment be no more than 40% of the existing main structure. phis apartment is more than that at present. However, since the Building Inspector is not present, they Board is unsure if both the first and second floor of the proposed apartment are considered part of the 40% orjust the footprint. It is decided that it is best to get an opinion from the Building inspector as to the interpretation of the by-law. The matter will be continued until April 26, 2006. •