12/13/2017 ZONING BOARD OF APPEALS ZBA Decision

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Mown o f A/fa. IZpee IG C.rrat,11�ck ltaad'411a)-tIa Ala&It re,1�Ir�ssachtlselts 02�i ,9 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT SP-2017-72 Janice L. Van Durme Bk#: 29757 141 James Circle Page#: 136 (Map 71 Parcel 183) Mashpee,MA 02649 A Petition was filed on November 2, 2017 by Janice L. Van Durme requesting a Special Permit under §174-45.4 of the Zoning Bylaws to allow for an accessory apartment on property located in an R-5 Zoning District, at 141 James Circle, (Map 71 Parcel 183), Mashpee, MA. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on November 10, 2017 and November 17, 2017 a copy of which is attached hereto and made a part hereof. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A §9 and the Town of Mashpee Zoning By-laws. Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, December 13, 2017 at which time the following members of the Board of Appeals were present and acting throughout; Acting Chairman, William Blaisdell, Board Members, Dom DeBarros, Scott Goldstein, and Associate Members, Brad Pittsley and Norman J. Gould. Also present was Building Commissioner, Michael Mendoza. Ms. Janice Van Durme represented herself for the application and is asking for a special permit to be able to rent the pre-existing apartment that was never fully executed by the previous owners. She purchased the property last June and was told that it was a legal apartment, and found out it was not. She said there was extensive water damage in the house, and it was recently repaired to bring everything up to code and the repair work included the apartment. She is asking for permission to rent the apartment which is located in the lower level. The apartment floor plan was changed due to the water damage and needed to be brought up to code. Both the Inspections Department and Fire Department did the necessary inspections and confirmed that the egress and the work performed on the apartment was compliant and up to code. Mr. Goldstein wanted to make sure everything else was in accordance with the bylaw. Mr.Blaisdell went down the list of requirements under the bylaw with the applicant to confirm that she understood what was necessary to be compliant. I