07/22/2026 ZONING BOARD OF APPEALS Minutes (2)

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JULY 22, 2026 The Board has a conversation regarding the Board of Health comment regarding the living space above the garage that cannot be used for human habitation. Mr. Bonvie had concerns regarding the designed space and would like the applicant to revise the plan to eliminate the privacy aspect of the space. He would also like clarification from the Health Agent. The Board suggested the applicant extend the hearing. Mr. Cannata asked for an extension until August 12, 2026. Mr. Bonvie asked for a motion to extend. Mr. Reidy so moved. Mr. Furbush second. All were in favor. 22 & 26 Oyster Way: Petitioner, Tanya D. Trevisan, Esq. with Mirrione, Shaughnessy &, Uitti, LLC on behalf of certain abutters to the properties known and numbered as 22 Oyster Way and 26 Oyster Way, is appealing the Building Commissioner's failure to act on request for Zoning Determination to enforce certain provisions as required under M.G.L. 40A §7, §8 and §15 and §174-102 and §174-103 of the Mashpee Zoning Bylaws regarding building permit applications R-26-132495 for 22 Oyster Way, and R-26-132494 for 26 Oyster Way, Map 89, Lots 58 &v 60, Parcels 76 & 77, Mashpee, MA. Attorney Tanya Trevisan represented the appellants who reside in the Sandalwood neighborhood and were present; Owner, Mr. Tomchik at 20 Oyster Way, Mr. Kahn, at 24 Oyster Way, and Mr. Clark, at 25 Oyster Way. All are abutters to the properties 22 & 26 Oyster Way. They understand that the properties are unbuildable. The lots are located on a cul-de-sac and abut a 1973 land court subdivision plan as River Rd that runs along Conservation land. In Yr. 2021 the Planning Board endorsed an ANR for the properties. Attorney Trevisan noted that an ANR plan cannot be used to amend a subdivision plan, and an ANR endorsement does not relieve the Building Commissioner or the Zoning Board of Appeals from the responsibility of determining whether a lot complies with the Zoning Bylaws. There were building permits pending for the subject properties. On May 12, 2026, Attorney Trevisan sent a letter on behalf of her clients submitted to the Building Commissioner requesting to enforce the Zoning bylaw and issue a determination that the properties are not buildable, and River Rd may not be used a frontage and denying the building permit applications. The Building Commissioner did not respond within 14 days as required by statute. On June 3, 2026, Attorney Trevisan filed an appeal to the Zoning Board for the failure of the Building Commissioner to respond to that request for determination. 3