11/14/2012 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS NOVEMBER 14, 2012 MINUTES . Mrs. Kent -Friedman represented her Petition and stated that she and her husband bought the home with the existing accessory apartment 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. According to the Zoning By-laws, 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. The accessory apartment is located on one side of the dwelling with a separate stairwell. Mrs. Kent -Friedman said that the accessory apartment consists of 850 square feet within the 3,983 square -foot home. She confirmed that the accessory apartment has two separate means of egress. Mrs. Jean Blevins, an abutter at 1 Black Watch Way, said that the previous owners operated a construction business from the home at 15 Black Watch Way which created excessive truck and construction equipment traffic in the residential neighborhood. Mrs. Blevins said that she has no opposition to the one -bedroom accessory apartment, but did express concern that the new owners would also run a commercial business from the home. Mrs. Kent -Friedman responded and stated that she and her husband live in the home with their two minor children. Her husband is a well-known physician with Gosnold. She assured Mrs. Blevins that they will not be operating a commercial business from the home. She 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. Mr. Blaisdell made a motion to grant the Special Permit for the accessory apartment. This is conditioned upon compliance with the following: • That two means of egress for occupants of the one -bedroom accessory apartment shall be provided. • That the principle residence will be owner -occupied. • That the homeowner will submit to the Building Department proof/evidence demonstrating owner occupancy. • Board of Health approval. • That there are sufficient parking spaces. • That the accessory apartment will not be rented/occupied until the homeowner receives a Certificate of Occupancy from the Building Department. • That this Special Permit lapses upon transfer of ownership of the home. Mrs. Horton seconded the motion. Votes: Mr. Furbush, yes. Mr. Blaisdell, yes. Mr. Reiffarth, yes. Ms. Horton, yes. Vote was unanimous. Jack G. Carter, Jr., Petitioner: Requests a Special Permit under Section 174-24.H of the Zoning By-laws to allow for retail sale of antique vehicles on property located in an I- 1 zoning district at 68-E Nicoletta's Way (Map 26 Parcel 19E) Mashpee, MA. Owner of • record: Brian J. Wall, Trustee. 2