12/13/2017 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Elliot L. Avant 153 Main Street(Map 37 Parcel 54) Mashpee, MA 02649 SP-2017-73 He stated that when you walked into the second floor area, you first walked was into the kitchen area. The living room,bathroom and bedroom was off or this kitchen area. The bedroom had no egress window(s) but this was due to the fact that the solar panels on the roof would make having any window(s) installed impractical. From the bedroom was a door that lead into the unfinished area of the second floor which lead to a door which provided the second means of egress. The deck, from this second means of egress was not built to code. The footings were not adequate and there was some structural concerns regarding how this deck was constructed. If the Board wishes to grant the accessory apartment, they could have conditions that the homeowner will have to hire a licensed contractor, and a licensed electrician to pull permits. They would also require a certificate of occupancy because there is someone living there now. The Board wanted to know what rights the Building Commissioner has if someone is living in a space that is not legal. Mr. Mendoza said that he would have to discuss the code violations and issues with Board of Health. The worst case scenario is if an eviction notice is issued, the law is to find housing for the occupants. Mr. Mendoza said he can provide the homeowners with battery operated smoke detectors to protect them. The Board read the Town Department comments into the record. The subject property located at 153 Main St. is approximately 43,560 square feet. There were no abutters present. In view of the foregoing, the Board determined the Petitioner met the criteria for a Special Permit. Upon motion. duly made and seconded at the Public Hearings on Wednesday, February 14, 2018, the Zoning Board of Appeals voted unanimously to issue a Special Permit to Elliot L. Avant under §174-45.4 of the Zoning Bylaws to allow for an accessory apartment on property located in an R-5 Zoning District, (Map 37 Parcel 54), Mashpee,MA.The Board issues this permit subject to the applicant has completed all work within three (3) months following any and all appeals that have lapsed, and that the satisfaction of any and all requirements of Town and State Departments, including but not limited to the Fire Department, the Zoning Enforcement Officer, and the Building. Inspector. 2