8/10/2016 ZONING BOARD OF APPEALS ZBA Decision

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a tip Town of Mashpee IG Great :"((00cl,l ijoli.. fes��#Z AYlaslipto,Massachusetts W640 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT SP-2016-35 Kathleen J. MacRoberts Bk#: 25458 16 Papnomett Road Page#: 142 (Map 61 Parcel 46) Mashpee, MA 02649 A Petition was fled on June 21, 2016 by Kathleen J. MacRoberts requesting a Special Permit under §174-45.4 of the Zoning By-laws to allow for construction of an accessory apartment on property located in an R-5 Zoning District, at 16 Papnomett Road, (Map 61 Parcel 46), 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 July 15, 2016 and July 22, 2016 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. At the August 10,2016 Public Hearings,Mr. Joseph Butler,builder represented the homeowner requesting to construct an accessory apartment onto her existing home. The Board opened the hearing, and reviewed the plot plan, and hand-drawn house plans. But after discussion, they viewed them as incomplete because they believed the plans did not demonstrate an actual connected structure,and they did not depict lot coverage,or building dimensions. The Board read the continents into the record that were submitted by Michael Mendoza, Building Commissioner dated August 4, 2016, basically stating that the plans did not show that the proposed addition would be connected to the main house, and that it did not meet the 40% of the gross floor area. The Board read the Board of Health comments into the record stating that the septic system shall be upgraded prior to occupancy of the apartment. Based on these comments submitted,the Board suggested to the applicant that he meet with his architect to revise the plans,and both the Board and the applicant agreed to continue the hearings until September 14, 2016 hearings. At the September 14, 2016 Public Hearings, Mr. Joseph Butler returned with a revised plot plan and house plans. The Board reviewed the plans,and were still not satisfied with the specifics of the plans and had questions regarding the accessory apartment bylaws. Chairman Furbush decided that these questions should be reviewed with Town Counsel for clarification and decided to continue the hearings until the September 28, 2016 hearings. 1