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 more than forty percent (40%) of the gross floor area of said structure on the date the Special Permit application is filed. The Petitioners reside in the structure as their principal residence. The accessory apartment will be located in the basement of the home and will be secondary and incidental to the principal use of the dwelling. At 802 square feet, the accessory apartment will be less than the maximum 40% (840 square feet) of the gross floor area of the 2,100 square-foot dwelling. D. 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. 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. The Petitioner does not plan to modify the exterior of the existing principal dwelling in order to install the accessory apartment. The outside appearance of the dwelling is that of a single-family home. F. 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. With four additional parking spaces, there is sufficient off- street parking to accormnodate several vehicles. G. No new driveway or curb cut shall be created to service the accessory apartment, unless the Board determines that, due to severe topographic or other constraints on the lot, the required parking cannot be provided without relief from this provision and unless any necessary town or state curb cut permit is approved. H. Any Petition for a Special Permit under this Section shall require the submission of ten (10) copies of the Petition, plans and documentation required under §174- 24.C.3 for Special Permit Petitions to the Zoning Board of Appeals, plus any additional copies required under §174-24.C.4. Upon submission to the Board, seven(7) copies of such Petition, plans and documentation shall be forward to the Building Inspector for review by Town departments following the Plan Review process provided under §174-24.B., Subsections (1) through (4). The recommendations developed under said process shall be forwarded to the Zoning Board of Appeals for review prior to the Board's decision on the application. The Petitioner has submitted the required documentation. The Building Inspector has reviewed the proposal. The Design Review and Plan Review Committees have approved the proposal. L The Special Permit granted under this section shall run with the property owner and shall lapse upon sale and/or transfer to another property owner. J. The accessory apartment shall not be rented or occupied until a Certificate of Occupancy has been issued by the Building Inspector. 3