08/09/2023 ZONING BOARD OF APPEALS Minutes (2)

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Coastal Storm Flowage within a Special FEMA Flood Hazard Zone and within a wetland as defined under G.L.c. 131, §40,the lot at 25 Menemsha Road cannot meet the required minimum setback from wetlands. 35. Chan ....... Term Rentals. Mashpee Rental Property Bylaw§106-8.0 �ge,in. use to and the Board of Health Short-Term Rental Regulations thereunder require a rental certificate from the Board of Health before a property owner can engage in short term rentals. 36. The Mashpee Rental Property Bylaw was not adopted as a zoning bylaw and was not adopted in the manner required by G.L.c. 40A. 37. Under Mashpee Zoning Bylaw §174-22, "Except as provided by law or in this chapter, in each district no building, structure or land shall be used or occupied except for the purposes permitted as set forth in the accompanying Table of Use Regulations, §174-25.". Short term rental use of a single-family residence is not permitted under Table of Use Regulations, 6174-25. See Mashpee Zoning Bylaw §174-24.A.5: "Absence of any designation on the table -in §174-25 means that the use listed is not permitted, except as provided under§I 74-24.J [sic. Section 174-24.J deals with Medical Marijuana Treatment Centers/Registered Marijuana Dispensary]." 38. Under Mashpee Zoning Bylaw §174-24.L, "Where a use is not specifically listed in the §174-25 Table of Use Regulations, said use may be allowed if a finding is made by the Zoning Board of Appeals that said use may be allowed in a specific district on the basis that it is substantially similar in its construction,operation, traffic and environmental impact to a specific use allowed as of right or by Special Permit in said district and it is substantially dissimilar in those respects from any uses prohibited in the district. Where the Zoning Board of Appeals cannot make a clear determination, such uses shall be considered prohibited. . . . Where the.use _ 10 - 4891-6173-5297.vl