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MASHPEE ZONING BOARD OF APPEALS <br /> MEETING MINUTES <br /> DECEMBER 11,2019 <br /> Ron made a motion to accept the continuance from the applicant. Mr. Blaisdell seconded. <br /> All were in favor. <br /> 31 Bayview Road: Owner,Andrea Benitez requests a Special Permit under §174-45.4 of <br /> the Zoning Bylaws to allow for an accessory apartment located on the second floor of a <br /> single-family dwelling on property located in an R-3 Zoning District,Map 119 Parcel 122, <br /> Mashpee, MA. <br /> Fernando Lassiter, the homeowner represented himself for the Special Permit request. He <br /> and his wife recently bought the property and the previous owner did not finish the <br /> apartment. There is no drywall but there is electrical and plumbing. <br /> Jonathan confirmed that the apartment is above the two-car garage. He said he noticed <br /> there are two pathways, one towards the water and one right on Bayview. Fernando said <br /> the front door is on Bayview Lane. <br /> Mr. Bonvie asked Charlie if there was an application or a building permit. Charlie said that <br /> there was an application issued. The permit was approved to build the modular home first. <br /> Charlie said he worked on the inspections for the modular home. The homeowners <br /> submitted an application and permit for the breezeway and the garage with the apartment <br /> above in 2006. <br /> Charlie said that the original Special Permit was slightly unclear. At the time, there were <br /> two dwellings on the property, and a request was submitted for a tear down and rebuild. <br /> The homeowners wanted to build a main structure with an attached two car garage, and a <br /> one bedroom apartment. It was not called an accessory apartment. The original decision <br /> states that the Board suggested the applicant apply for a special permit for an accessory <br /> apartment. But they did not originally apply for an accessory apartment, they went for a <br /> one bedroom apartment. The decision also mentioned under the specific findings that the <br /> Board conditioned the special permit upon compliance with engineering plans submitted <br /> by Chris Costa dated June 4, 2004,an existing dwelling and apartment to be reconstructed <br /> as a house with a two car garage and a one bedroom apartment above. Charlie said that an <br /> application for a special permit would be necessary to"clean it up". The space was framed, <br /> but no other renovations were done. If approved by the Board, a building permit would be <br /> required. <br /> Mr. Blaisdell mentioned that there's another caveat associated with accessory apartments. <br /> A new bylaw was passed at Town Meeting and will soon be approved by the Attorney <br /> General and an accessory apartment would be allowed by right. The applicant could just <br /> apply for a building permit with the Building Department. . <br /> Chairman Furbush went through the specific requirements under the bylaw. The Board had <br /> a discussion regarding the dimensions of the accessory space and determined that the area <br /> is 24 ft.x 24 ft. The breezeway is part of the main structure. The apartment is a single floor, <br /> with one set of stairs. The entire structure has 2,100 sq. ft. of living space. Jonathan <br /> requested that this information be submitted on a site plan that's signed. <br /> 2 <br />