02/08/2012 ZONING BOARD OF APPEALS Decision

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F Town of Mashpee 16 Givat r!%ck `C�oad J\'or ih < � YH Alaslr-pee,lYlctssachusctts 0264) MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT SP-2012-3 Stephen V. Smith and Jeannette A. Hanlon Registry of Deeds Title Reference: 32 Popponesset Avenue Book: 18949 Page: 180 Mashpee, MA 02649 A Petition was filed on January 11, 2012 by Stephen V. Smith and Jeannette A. Hanlon Requesting a Special Permit under Section 174-45.4 of the Zoning By-laws to allow for an existing accessory apartment in a dwelling located in an R-3 zoning district at 32 Popponesset Avenue (Map 70 Parcel 88) Mashpee, MA. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on January 20, and January 27, 2012 a copy of which is attached hereto and made a part hereof. Public Hearings were held on the Petition at the Mashpee Town Hall on April 25, 2012. The following members of the Board were present and acting throughout: Board Members Jonathan D. Furbush, William A. Blaisdell, and James Reiffarth and Associate Members John M. Dorsey and Judith M. Horton. Because they were not in attendance at the February 8, 2012 Public Hearings, Messrs. Dorsey and Furbush submitted written certification that they examined all evidence received at that meeting. In compliance with Article 21 passed at the October 16, 2006 Town Meeting, this qualifies both Members to vote on this Petition. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A §10 and the Town of Mashpee Zoning By-laws. At the Public Hearings on February 8, 2012, Ms. Jeannette Hanlon represented her Petition and stated that she bought the home which included the accessory apartment in 2004. She recently discovered that the By-law requires her to obtain a Special Permit from the ZBA to legalize the accessory apartment. Ms. Hanlon challenged the Board of Health memo which states that "the existing leaching facility can accommodate a four-bedroom dwelling." Health Agent Glenn Harrington was in Conference Room #2 and agreed to join the ZBA meeting. Mr. Harrington confinned that the memo was accurate and that the Petitioner would either have to add onto the leaching field or eliminate one of the bedrooms on the first or second floor. Ms. Hanlon asked to continue the Petition so that she and her husband could discuss their options.