01/11/2012 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS Jan E. Morrissey 35 Bayshore Drive Mashpee, MA 02649 SP-2012-1 Mrs. Morrissey addressed some of the recommendations made at the December 20, 2011 Design Review and Plan Review meeting. She said that the proposal will comply with all requirements of Massachusetts State Building Code. The emergency access window is at grade level and exceeds the minimum size requirements. There are smoke and carbon monoxide detectors on each floor of the dwelling as well as outside each bedroom. Details on the revised plan include the deck, as well as the driveway showing four additional parking spaces. Mrs. Geraldine Paul, a direct abutter at 39 Bayshore Drive, wrote a letter in favor of the proposal. Mr. William Malcodi, a direct abutter at 45 Bayshore Drive and President of the Seabrook Shores Homeowners' Association, sent a letter stating that the Association does not object to the proposal based on the conditions specified in the terms of the Seabrook Shores Declaration of Restrictive Covenants. Acting under the authority of Massachusetts General Laws Chapters 40A and 40B and the Zoning By-laws of the Town of Mashpee, the ZBA is neither restricted by nor authorized to enforce such restrictive covenants. GENERAL FINDINGS: the subject property is located at 35 Bayshore Drive and consists of 17,000 square feet of land. SPECIAL PERMIT CRITERIA AND SPECIFIC FINDINGS: §174-45.4. Accessory Apartment: A Special Permit authorizing one accessory apartment per lot may be granted by the Zoning Board of Appeals. The Zoning Board of Appeals determined that the proposal is consistent with the following requirements of the By-law: 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 Petitioner 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. The Board of Health memo dated January 9, 2012 states: "The existing leaching facility can accommodate up to a four(4)bedroom dwelling". C. 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 design, installation, use of an accessory apartment shall be secondary and incidental to the principal use of the structure as the owner's home. The gross floor area of the accessory apartment shall be not less than three hundred (300) square feet nor 2