02/08/2012 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS Stephen V. Smith and Jeannette A. Hanlon 32 Popponesset Avenue Mashpee, MA 02649 SP-2012-3 At the continued hearings on April 25, 2012, Ms. Hanlon said that she and her husband have decided to eliminate the bedroom in the accessory apartment. The Board said that the accessory apartment must have at least one bedroom. Ms. Hanlon then consented to remove one of the bedrooms on the first or second floor of the house. No comments were received from abutters. GENERAL FINDINGS The subject property is located at 32 Popponesset Avenue and consists of 16,300 square feet of land. SPECIAL PERMIT CRITERIA AND FINDINGS §1'74-45.4. 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-1, 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. 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 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 1,000 square feet, the proposed accessory apartment is less than 40% of the total 3,500 square footage of the 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. 2