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05/01/2016 ZONING BOARD OF APPEALS Minutes
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05/01/2016 ZONING BOARD OF APPEALS Minutes
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Mashpee_Meeting Documents
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ZONING BOARD OF APPEALS
Meeting Document Type
Minutes
Meeting Date
05/01/2016
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Town ofMaslipee <br /> 16 Glea!J1'�xk Aoffd,A�rth <br /> A he,A`.ossach[ vlls 02649 <br /> MASHPEE ZONING BOARD OF APPEALS <br /> JUNE 22,2016 <br /> MINUTES <br /> The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, June 22, <br /> 2016, at 6:00 p.m. in the Waquoit Room at the Mashpee Town Hall, 16 Great Neck Road <br /> North. Board Members Jonathan D. Furbush, William A. Blaisdell, Dom DeBarros, and <br /> Associate Members, Brad Pittsley and Norman J. Gould were present. Building <br /> Commissioner, Michael Mendoza was also present. <br /> PLEGE OF ALLEGIANCE <br /> NEW HEARINGS <br /> 706 Old Barnstable Road: Owner, Marc J. Kadis, and Dmitry Deych of Diamond <br /> Builders seeks reversal of the Building Commissioner's Decision to prohibit a bedroom <br /> use in an accessory structure under M.G.L. Chapter 40A §8 and §15, on property located <br /> in an R-5 Zoning District, (Map 79 Parcel 66),Mashpee, MA. <br /> Attorney Kevin Kirrane represented the homeowner regarding this appeal application. The <br /> application is based upon two pre-existing, single-family dwellings situated on one lot <br /> which is not allowed under the Zoning Bylaws. Mr. Kirrane said he received a letter from <br /> Michael Mendoza,Building Commissioner dated May 5,2016 listing the reasons he denied <br /> the request. Mr. Kirrane stated that he considers the dwellings to be utilized as single- <br /> family residential use,with only one bedroom, seating area, and a separate out-building as <br /> storage. He stated that these dwelling are not exceeding the number of bedrooms on the <br /> site. <br /> Mr. Michael Mendoza, Building Commissioner approached the Board and handed out a <br /> memo with his reasons denying the application. He said that based on the Zoning Bylaws <br /> he cannot locate anything that clearly states that the Town allows this type of use, and he <br /> cannot issue a permit. <br /> The Board had a discussion and questioned the code violations on the property, regarding <br /> the abandonment issue, and the non-conforming nature of the property. They decided it <br /> would be best to talk with Town Counsel on these matters. They would like to continue the <br /> hearing until July 13, 2016 ZBA hearings so they can have a discussion and get Town <br /> Counsel's opinion. <br /> Mr. Blaisdell made a motion to continue this hearing for Marc J. Kadis, and Dmitry Deych <br /> of Diamond Builders who seeks reversal of the Building Commissioner's Decision to <br /> prohibit a bedroom use in an accessory structure under M.G.L. Chapter 40A §8 and §15, <br /> on property located in an R-5 Zoning District, (Map 79 Parcel 66), Mashpee, MA. Dom <br /> seconded. All were in favor to continue the hearing until July 13, 2016 and have a <br /> discussion with Town Counsel for his opinion. <br /> 1 <br />
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