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01/08/2025 ZONING BOARD OF APPEALS Minutes
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01/08/2025 ZONING BOARD OF APPEALS Minutes
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Mashpee_Meeting Documents
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ZONING BOARD OF APPEALS
Meeting Document Type
Planning Board Decision
Meeting Date
01/08/2025
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MEETING MINUTES <br /> JANUARY 8, 2025 <br /> MASHPEE ZONING BOARD OF APPEALS <br /> 27 Ockway Bay Road : Owners, Myles and Diane Murphy request a Variance under <br /> §174-31 of the Zoning Bylaws to allow for construction of dormers expanding the <br /> third floor of a single-family residential structure on property located in an R-3 <br /> Zoning District, Map 100, Parcel 56, Mashpee, MA. <br /> Sitting on this hearing are the five regular Board members. <br /> Mr. Steve Cook, Cotuit Bay Design represented the homeowner Mr. Murphy who <br /> was also present. The owners are looking to expand their living space. This property <br /> has topography, lot shape, and wetland issues. A revised plan was submitted late <br /> on the Friday prior to the meeting, with roof design changes. The existing house has <br /> a full walkout basement on three sides, and the Building Commissioner deemed this <br /> a third story, and the second floor contains 67% of the floor area of the floor below. <br /> The house is a legal two and a half story. But because of the lot shape, and existing <br /> infrastructure on the property there really isn't any additional space to expand. <br /> Request to expand the second floor to increase to 93% from 67%, initially <br /> construction of a third story. <br /> Mr. Bonvie addressed the Board and explained that the Board first has to agree that <br /> this request meets the criteria for a Variance. He stated that there are four <br /> requirements as follows; 1) the property meets the criteria for a Variance because it <br /> has unique conditions that justify the request, 2) Substantial or financial hardship, <br /> 3) Will not cause substantial detriment to the public good, 4) Granting a variance <br /> will not nullify or derogate from the intent of the ordinance. <br /> Mr. Bonvie asked the Board if this Variance meets the criteria. <br /> Mr. Goldstein asked if the request is to expand higher because there is no other <br /> option. Mr. Cook said; yes. Mr. Goldstein is trying to find any other possibility to <br /> expand on the house. <br /> Mr. Furbush asked what the Variance request involves. Mr. Cook stated a third <br /> story. <br /> Mr. Morris stated said he thinks it meets the criteria to request a Variance. But it is <br /> a Variance. <br /> Mr. Furbush asked what the hardship is. Mr. Cook said; the lot shape and <br /> topography. <br /> 14 <br />
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