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 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. There is sufficient off-street parking. 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 Plan Review Committee approved this proposal in 2004. I. 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. In view of the foregoing, the Board determined that the Petitioner met the criteria for grant of a Special Permit. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously at the Public Hearings on April 25, 2012 to grant a Special Permit to allow for the accessory apartment within the dwelling. This Decision is conditioned upon compliance with the following: • Removal of one of the bedrooms on the first or second floor of the dwelling. • The accessory apartment shall contain one bedroom. • Site visit inspections and verification from the Board of Health, Building Department, and Fire Department that the Petitioner has removed one of the bedrooms on either the first or second floor of the dwelling and that the accessory apartment is in compliance with this Decision and Section 174-45.4 of the By-laws. • A septic inspection conducted by the Board of Health. 3