06/08/2016 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JUNE 8, 2016 Mr. Steve Cook, Cotuit Bay Design represented the homeowners who were also present at the meeting. Mr. Cook provided a floor plan of the proposed accessory apartment. He said a chair lift will be installed going up to the hallway adjacent to the garage on the first floor and he will install a door where there is currently a window,as well as three egress window wells. The height in the basement is 8 feet, and will meet all the dimensions and requirements of the bylaws. The existing house area is 4,484 sq. ft., the maximum size of the apartment will be 1,478 sq. ft. The house currently has four bedrooms, but will be removing a bedroom from the second floor to add the bedroom in the basement. This project cannot be seen from any public way or abutters, and the property is very private with an existing fence,pool, trees and shrubbery. There is plenty of parking but there will be no additional vehicles at this home. Mr. Blaisdell quoted the bylaw requirements that must be met. The homeowners must provide a yearly letter of proof to the Building Department that they are still the owners of the property. If the homeowner decide to sell the property, the special permit is void and the new homeowners will have to reapply with the Zoning Board of Appeals. Mr. Tom Badway, 14 Aries Lane, homeowner asked the Board if he decides to sell his home, and removes the stove from the accessory apartment, would this still be considered an accessory apartment. Mr. Mendoza stated there is nothing in the current bylaws stating what no longer makes it an accessory apartment, so it might be the whole kitchen that needs to be removed. The bylaws are updated yearly, so it is hard to predict what might be required now and what could be required in the future.The best way to handle this situation is to visit the Building Department. Leslie Averna, 14 Aries Lane,homeowner,asked the Board if she is allowed to remove the accessory apartment and convert it back into a craft or family room. Mr. Mendoza said; "yes, as long as you come to the Building Department first. Mr. Goldstein made a motion to approve the special permit. The Board has determined that the applicant meets all the conditions of a Special Permit under Mass General Law 40A Section 9. A Basement Floor Plan by Cotuit Bay Design, LLC, 43 Brewster Road, Mashpee, MA 20649, Titled: In-Law Apartment for Badway Residence, 14 Aries Lane, Mashpee, MA. Scale: '/" = V.0", Date: 05/12/2016. Drawing No.: Al Existing House Area: 4,484 SF Gross, (3510 SF 1st &2"d+ 974 SF existing finished basement), Max size of Accessory Apartment=40%of gross,448 SF x 40%= 1,794 SF Max area of apartment. This is conditioned that the accessory apartment will not exceed 1,478 SF Gross. If the plan changes, then a new filing will be required to the ZBA. Mr. Gould seconded. All were in favor of the accessory apartment. 4