11/14/2012 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Robert A. Friedman and Patricia Kent-Friedman 15 Black Watch Way Mashpee, MA 02649 SP-2012-57 General Findings: The subject property is located at 15 Black Watch Way and consists of approximately 2.5 acres of land. U74-45.4. Special Permit Criteria/Findings for an Accessory Apartment: A Special Permit authorizing one accessory apartment per lot may be granted by the Zoning Board of Appeals. On November 14, 2012 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, and 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 is located within the same structure as said 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. At 850 square feet, the accessory apartment is less than 22% of the total square footage of the 3989 square-foot 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. 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 accommodate 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. 2