01/11/2012 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals January 11, 2012 Minutes • The emergency access window is at grade level and exceeds the minimum size requirements. • A licensed electrician will install hardwired smoke and carbon monoxide detectors inside and outside of the proposed bedroom. • There are currently smoke and carbon monoxide detectors on each floor of the dwelling as well as outside each bedroom. • A septic inspection is scheduled for the week of January 16, 2012. • Installation of an outside key lock on the slider will enable direct access to the accessory apartment. • Per Plan Review and Design Review Committee request, the revised site plan shows the existing deck and driveway with four additional parking spaces. • At 802 square feet, the proposed accessory apartment is less than the maximum 40% allowed (840 square feet) of the 2,100 square -foot dwelling. • Per the By-law, the Petitioner occupies the primary residence year-round. She will submit the necessary documentation to the Building Department on an annual basis confirming that it is her primary residence. Mrs. Morrissey said that the previous owner of the parcel received a Variance from the front and side setback requirements to allow for construction of the home on the parcel. She submitted a copy of the 1995 Decision granting a Variance of 4.6 feet from the front setback requirements and a Variance of 3 feet from the side setback requirements. • Mrs. Morrissey said that she purchased the parcel in 1997 and built a smaller home within the footprint that the previous owner had proposed. Existing lot coverage is 15.8%. 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 (M.G.L.) Chapters 40A and 40B and the Zoning By-laws of the Town of Mashpee, the ZBA is neither bound by nor authorized to enforce such restrictive covenants. Mr. Nelson made a motion to grant the request for a Special Permit, conditioned upon compliance with Cape & Islands Engineering Plan entitled: "House No. 35 Bayshore Dr. Plot Plan of Land Located in Mashpee, Mass. Prepared for David Morrissey. Date:Jan.4,2012". Mr. Furbush seconded the motion. Mr. Bonvie voted yes. Mr. Dorsey voted yes. Mr. Reiffarth voted yes. Mr. Nelson voted yes. Mr. Furbush voted yes. Vote was unanimous. • Frank J. and Mildred M. Iarossi: Request a Written Finding under Section 174-17 of the Zoning By-laws concerning continuance, extensions and alterations for permission to reconstruct an existing entryway and renovate a portion of the existing deck into a 2