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MASHPEE ZONING BOARD OF APPEALS <br /> APRIL 27, 2016 <br /> MINUTES <br /> Attorney Kirrane is requesting that the Board overturn the Building Conunissioner's <br /> Decision by allowing the use of this "out building" as a bedroom, bathroom and living <br /> space structure. <br /> Mr. Bonvie mentioned that the documentation on file has a building permit that was issued <br /> for the garage,but was never given occupancy approval. He also said there was no request <br /> for a bedroom on the second floor. <br /> Chairman Furbush provided the Board members documentation from the file that depicted <br /> a numerous amount of building violations and letters sent to the previous owners. <br /> Mike Mendoza addressed the Board asking if they could locate within the bylaws where it <br /> states that you could have one,two,three, four separate buildings on a single lot. He stated <br /> that what happened in the past has no bearing on how he interprets the zoning by laws. <br /> The Board asked the Building Commissioner how the petitioner can accomplish the task <br /> of allowing this type of application. Mr. Mendoza said that the Attorney will have to return <br /> to the Board with a new public hearing notice stating he's requesting an appeal of the <br /> Building Commissioner's decision to grant a building permit allowing a bedroom, <br /> bathroom and living space in an outbuilding which is not written or documented under the <br /> current zoning bylaws.Mr. Mendoza also stated that under M.G.L. 40A states that this type <br /> of application has to be heard in front of the Zoning Board of Appeals. <br /> Mr. Peter Ouellet, an abutter that resides at 63 Lady Slipper Lane. He said he owned his <br /> property for 20 years and was told that the outbuilding was supposed to be just a garage. <br /> He said he built a garage on his property and was told he could never put a bathroom, or <br /> living space in his garage. He was told by a surveyor that the structure was built too close <br /> to his property line. <br /> Ms. Nancy Soderberg, an abutter that resides at 62 Lady Slipper Lane who is concerned <br /> about the vacant building being unsafe and unhealthy. <br /> Mr. Mendoza suggested to the Board they establish consistency with these types of <br /> applications. <br /> Mr. Bonvie read the Conservation Comments into the record; "the property is not within <br /> wetlands jurisdiction." <br /> Mr. Goldstein read the Board of Health comments into the record; "This property may only <br /> have four bedrooms. The front main house was to have a wall between two bedrooms <br /> upstairs removed or a 6' opening made to make it into one large bedroom. That would <br /> reduce the bedrooms to three in the main house and one in the rear building for a total of <br /> four. The property is in Zone II and is restricted to four bedrooms." <br /> 2 <br />