01/09/2019 ZONING BOARD OF APPEALS ZBA Decision

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Town of Nlash e Pe 16 Great<Meck 1�oad.A' tlz nt Wash}xe,Alassachusetts 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT SP-2019-03 James W. and Nancy D. Mayou Bk.: #19807 317 Great Neck Road North Page: #80 (Map 52 Parcel 20) Mashpee, MA 02649 A Petition was filed on November 27, 2018 by Owners, James and Nancy Mayou 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 317 Great Neck Road North, (Map 52 Parcel 20), 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 December 14, 2018 and December 21, 2018 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, January 23, 2019 at which time the following members of the Board of Appeals were present; Chairman, Jonathan Furbush, Vice Chairman, William Blaisdell, Board Members, Ron Bonvie, Scott Goldstein, and Norman J. Gould. Also present was Building Commissioner, Michael Mendoza. Nancy and James Mayou returned to discuss their case from the previous hearings on January 9, 2019. Nancy said that the Building Commissioner went to measure their house,and she had taken pictures to show the space. She provided the Board with two floor plans titled A and B as options to correct the issue concerning the extra bedroom in the apartment, and the high percentage of the floor area that is not allowed under the bylaw. Mr. Mendoza passed out the pictures of the apartment and described the layout as it relates to the floor plans A and B. He said it's a basement apartment the homeowners want to make legal. It is pre-existing and they want to rent it out to their son. At the last meeting, the Board requested that the applicants setup an appointment with Mr. Mendoza to take a look at the accessory apartment, and assist the applicants with their case. He said that the building is 24' x 46' x 2 which is 2,208 sq. ft. It is over the 40% of that which is 883.2 sq. ft. and is over the allowed square footage by 220.8 sq. ft. He brought the two options to the Health Agent who submitted a letter that the homeowners, either to remove the wall between the two bedrooms, or make a 6 ft. opening. 1