11/14/2012 ZONING BOARD OF APPEALS Minutes

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,,... .`,. Town ofNlashpee 16 Great dti'eck road, jrth Mashpee,Massachatsetts 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT SP-2012-57 Robert A. Friedman and Patricia Kent-Friedman 15 Black Watch Way Registry of Deeds Title Reference: Map 16 Parcel 59 Book: 26664 Page: 283 Mashpee, MA 02649 A Petition was filed on October 15, 2012 by Robert A. Friedman and Patricia Kent-Friedman requesting a Special Permit under Section 174-45.4 of the Zoning By- laws to legalize an existing accessory apartment on property located in an R-5 zoning district at 15 Black Watch Way(Map 16 Parcel 59) 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 October 26, and November 2, 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 November 14, 2012. The following members of the Board were present and acting throughout: Board Members Jonathan D. Furbush, William A. Blaisdell, James Reiffarth, and Judith M. Horton. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A §9 and the Town of Mashpee Zoning By-laws. Mrs. Kent-Friedman represented her Petition and stated that she and her husband purchased the home at 15 Black Watch Way in September 2012. The previous owners, Mr. and Mrs. Jared West, obtained a Special Permit in 2003 for the one-bedroom accessory apartment. The Special Permit lapses upon sale of the home and the new owner must apply for a Special Permit to legalize the accessory apartment in their name. Mrs. Kent-Friedman said that the accessory apartment consists of 850 square feet within the home. She confirmed that the accessory apartment has two separate means of egress. The accessory apartment is located on one side of the dwelling with a separate stairwell. Mrs. Jean Blevins, an abutter at 1 Black Watch Way, said that she is not opposed to the one-bedroom accessory apartment. She expressed concern that, as the former owners did, the new owners would operate a commercial business from the home. Mrs. Kent-Friedman stated that she and her husband reside in the home with their children. She reassured Mrs. Blevins that they will not operate a commercial business from the home. Mrs. Kent-Friedman said that she has put in months of hard work beautifying the property and the dwelling which had been very neglected for several years. No other comments were received from abutters.