05/11/2022 ZONING BOARD OF APPEALS Minutes

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r Town of Mashpee a 16 Gi at Neck goad Soi112 rclaw b"" laslipee,Massachusetts 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A MODIFICATION OF A SPECIAL PERMIT AND VARIANCE (SP-2019-53, V-2019-54) MOD-2022-19 Petitioners, Jamie and Paul Saganey Doc.: 1429547 Owner of Record: Paul A. Saganey, Trustee of Ctf.: 226363 The Poppy Realty Trust 28 Jeep Place (Map 118 Parcel 108) Mashpee, MA 02649 A Petition was filed on April 6, 2022 by Petitioners,Jamie and Paul Saganey requesting a Modification of an approved Special Permit (SP-2019-53) and Variance (V-2019-54) under the Zoning Bylaws to eliminate the prohibition of finishing the space above the detached garage on property located in the Popponesset Overlay, and R-3 Zoning District, at 28 Jeep Place,Map 118 Parcel 108,Mashpee, MA. (Owner of Record: Paul A. Saganey, Trustee of The Poppy Realty Trust). 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 22,2022 and April 29,2022 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 §9 and the Town of Mashpee Zoning By-laws. Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, May 11, 2022 at which time the following members of the Board of Appeals were present and acting throughout; Chairman, Jonathan Furbush, Board Members, Ron Bonvie, Scott Goldstein, and Norman J. Gould, and Associate Member Brad Pittsley. Attorney Christopher Kirrane represented the homeowners for a modification to the approved Special Permit and Variance that was granted back in 2019. Specifically he is asking the Board to eliminate condition number(No. 6)of the Special Permit and Variance which prohibits the space above the garage from being finished, with plumbing and heating. In 2019, there was a prohibition of finished spaces or an accessory apartments in an attached dwelling. The bylaw has since changed, and now allows an accessory apartment in an attached structure and would only require a building permit; not a filing with the Zoning Board of Appeals. The reason that this condition may have been issued could be because accessory apartments were specifically prohibited without zoning approval prior to the revised bylaw §174-45.4 approved at Town Meeting in 2020. The garage is a detached accessory structure and the homeowner would be required to adhere to the specific requirements under the bylaw. 1