05/09/2012 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS Keith D. and Andrea L. Rossignol 8 Hendricks Lane Mashpee, MA 02649 SP-2012-25 The Board voted unanimously to continue the Petition to allow the Petitioner an opportunity to properly resolve the parking violation. At the Public Hearings on June 27, 2012, Ms. Andrea Rossignol represented her Petition and stated that the truck has been moved from the subject property. It is being stored at United Moving in Pocasset on Barlow's Landing Road. Ms. Rossignol guaranteed the Board that she would comply with the parking By-laws and the Board of Health restriction. No comments were received from abutters. General Findings: The subject property is located at 8 Hendricks Land and consists of 21,010 square feet of land. Special Permit Criteria and Findings: §174-45.4. 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-I, 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 secondary and incidental to the principal use of the dwelling. At 548 square feet, the proposed accessory apartment is 33%of the total 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 2