05/10/2023 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES MAY 10, 2023 Ms. Ronhock would like the Board to allow them as property owners and tax payers that every resident in the Town has under the Zoning Bylaws. The restrictions that were placed on the deed two years ago are preventing them from being able to finish their space, and also if they chose to create an accessory apartment which is causing them a financial hardship. They are requesting that any construction that they do on the property or an accessory apartment to go through the Building Commissioner in the Building Department and the Health Agent, in the Health Department. Chairman Furbush read the specific comments and explanation from the Town Engineer at the time the 2021 Special Permit was issued. Mr. Ronhock mentioned that in 2021 he did not apply for a Variance; he only applied for a Special Permit for to raze and replace the current dwelling. The only non-conformity was the frontage. Chairman Furbush wanted to confirm that there are currently three (3) bedrooms in the new dwelling, and possibly another bedroom might be built over the garage. Mr. Furbush read the two restrictions (Item 8 and Item 10) from the 2021 Decision. Item 8 required the applicant to return to the Board to seek additional approval. Mr. Goldstein mentioned the floor plans depicted three unfinished space areas located within the house. He believes the condition restrictions were made because the original plans depicted “unfinished space”, and that may have been the reason for the restriction condition because of the amount of bedrooms. Mr. Goldstein said that according to Board of Health you are allowed four bedrooms, but the forth bedroom would only be allowed in the the main house or above the garage not both. Mr. Morris said that the garage is not built yet. He met with Mr. Ronhock and told the Board that the house was built as specified under the specifications of the Board’s 2021 Decision. Mr. Morris said in his opinion the requests are reasonable for the Board to accept. Ms. Sangeleer read the Board of Health comments dated May 9, 2023 were read into the record: “Removal of #8, if storage areas are finished egress between storages areas must not have doors th to void definitions or bedrooms. Removal of #10 septic is designed for 4 bedroom above the garage. Property is set for 4 bedrooms. Conservation Department comments: “No wetlands jurisdiction”. There were no more comments from the Board or audience. Mr. Goldstein made a motion to close the public comments for 104 Degrass Road. Ms. Sangeleer seconded, yes. Mr. Reidy yes, Mr. Caggiano, yes, Ms. Sangeleer, yes, Mr. Goldstein, yes, Mr. Furbush yes. There was no further discussion. 13