05/10/2023 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A MODIFICATION TO SPECIAL PERMIT (SP-2021-41) Owners, Michael J. Ronhock and Teresa A. Ronhock 104 Degrass Road (Map 104 Parcel 18) Mashpee, MA 02649 MOD-2023-31 The Board reviewed the original Special Permit to determine the reason for the two conditioned restrictions. Chairman Furbush read the specific comments submitted by the Town Engineer at the time the 2021 Special Permit was issued. The Town Engineer reviewed the original site plan that depicted two parcels, and he requested specific revisions to the plan to determine the map and parcel of the proposed project. The site plan was revised and depicted the proposed construction for the house and garage on Parcel 1 only. There was no Variance required for Parcel 1. Mr. Ronhock mentioned that in 2021 he did not apply for a Variance;he only applied for a Special Permit 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 discussed his interpretation that 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 conditions 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 main house or above the garage not both. Mr. Morris said that the garage is not built yet. Mr. Morris met with Mr. Ronhock and told the Board that the house was built as specified under the direction of the Board's 2021 Decision. Mr. Morris said in his opinion, the requests to remove the restrictions are reasonable for the Board to accept. 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 to void definitions or bedrooms. Removal of 410 septic is designed for 4th bedroom above the garage. Property is set for 4 bedrooms. Conservation Department comments dated May 8,2023 were read into the record: "No wetlands jurisdiction". There were no more comments from the Board. 2