8/10/2016 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Kathleen J. MacRoberts 16 Papnomett Road, (Map 61 Parcel 46) Mashpee,MA 02649 SP-2016-35 On Wednesday, September 28, 2016, Mr. Joe Butler, returned to represent the homeowner who is requesting to build an in-law apartment on the left side of the existing home for her parents. The septic will be upgraded to a four bedroom, with a full basement attached through to the existing home. Public Hearings were held at the Mashpee Town Hall on this petition at which time the following members of the Board of Appeals sat in on this hearing; Chairman, Jonathan Furbush,Vice Chairman,William Blaisdell,Board Members,Ron Bonvie,Dom DeBarros, and Scott Goldstein. Chairman Furbush told the applicant that he and Mr. Blaisdell, met with Town Counsel to discuss the particulars of the accessory apartment bylaw. There were two specific questions that were brought to the Board's attention at the last hearing. The first item was the fact if the foundations of the existing house and the new accessory structure were connected, and that the basements were accessible through to the accessory apartment. The other item that was discussed was the letter submitted by the homeowner explaining her detailed situation. Town Counsel explained that the word in the bylaw stating"incidental"means"related to"and referring to family members,and is not intended as a rental or rooming house. The area is not zoned for a two family, or a rooming house, and should only have one meter, no separate utilities. Chairman Furbush read the Board of Health comments into the record."Septic shall be upgraded prior to occupancy." In view of the foregoing, the Board determined the Petitioner met the criteria for a Special Permit. Upon motion duty made and seconded at the Public Hearings on Wednesday, September 28,2016,the Zoning Board of Appeals voted unanimously to issue a Special Permit for an accessory apartment with the following conditions under the bylaw Special Permit: • The basement of the accessory apartment when constructed has to connect to the existing home, and one has to have the ability to walk to and from each section of the new home into the existing home through the basement below grade. Said pathway is to remain open to both foundations. • A Board of Health comment that the septic system shall be upgraded prior to the occupancy of the apartment. • The accessory apartment shall not be a rental or rooming house. The area is not zoned as two-family, or for a rooming house, and should only have one meter; no separate utilities. 2