08/26/2015 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Scott A. Fronius and Denise C. Fronius 1178 Great Hay Road (Map 103 Parcel 9) Mashpee, MA 02649 SP-2015-27 SPECIAL PERMIT CRITERIA: By-Law Section 174-45.4 Accessory Apartment: A Special Permit authorizing one accessory apartment per lot may be granted by the Board of Appeals if consistent with the following: (History: Added 10-20-2003 ATM, Article 16, approved by Attorney General 11-14-2003). A. In order for an accessory apartment to be permitted, in addition to meeting all of the requirements under subsections B-I, the principal dwelling unit shall not be occupied by anyone other than the property owner as listed on the latest recorded deed. On an annual basis coinciding with the initial date of issuance of the Special Permit, the property owner shall submit to the Building Inspector sufficient evidence to demonstrate occupancy of the principal dwelling unit. B.The Applicant must provide documentation, endorsed by the Board of Health or its agent that the proposed accessory apartment conforms with all state and town health and sewage disposal regulations. C. Unit Size. The design, installation, use of an accessory apartment shall be secondary and incidental to the principal use of the structure as the owner's home, and the apartment shall be located within the same structure as said home. The gross floor area of the accessory apartment shall be not less than three hundred (300) square feet nor more than forty percent (40%) of the gross floor area of said structure on the date the Special Permit application is filed. History: Amended 10-17-2005 ATM,Article 19,approved by Attorney General 3-7-2006. D. Interior Design. The accessory apartment shall be self-contained,with separate sleeping, cooking and sanitary facilities for the exclusive use of the occupant(s). Provided that the requirements of subsection B are met, there shall be a maximum of two (2) bedrooms in an accessory apartment.Rooms which might be converted at some future time to a bedroom, such as studies, studios, libraries and the like, shall be counted as bedrooms for the purposes of this Section. E. Exterior Design.Modifications to the exterior of an existing principal structure resulting from the installation of an accessory apartment shall be consistent with the principal structure's predominant character as a single-family home. Appropriate landscaping may be required in order to provide a buffer between the applicant's lot and abutting properties.History:Amended 10-18-2004 ATM,Article 35,approved by Attorney General 12-16-2004. F. Parldng. Notwithstanding the provision of §174-39, at least one (1) off-street parking space shall be provided for the accessory apartment in addition to any other off- street parking requirement. 2