10/22/2014 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Stephen J. and Deirdre A. Greelish 130 Pond Circle(Map 64 Parcel 110) Mashpee, MA 02649 SP-2014-49 The Board determined the applicant also requires two (2) Variances; 18.0' to 16. 1', side yard and on the side yard from 27. 2' to 21.5%both cases there's a requirement of 25' for the proposed porch. There's plenty of parking on the property. GENERAL CRITERIA: The subject property located at 130 Pond Circle is approximately 11,535 square feet. There were no abutters present. 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. 2