11/09/2011 ZONING BOARD OF APPEALS Minutes

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ti3 f r i 19"4Cd 0° i, E MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT SP-2011-43 John J. and Susan L. Foley Certificate of Title: 175543 33 Leather Leaf Lane Plan#: 38104-C Sheet 4 Mashpee, MA 02649 Lot#:62 Map 79 Parcel 41 A Petition was filed on October 18, 2011 by John J. and Susan L. Foley for a Special Permit under Section 174-45.4 of the Zoning By-laws for permission to construct an accessory apartment onto an existing dwelling on property located in an R-5 zoning district at 33 Leather Leaf Lane(Map 79 Parcel 41)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 21, and October 28, 2011 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 9, 2011. The following members of the Board were present and acting throughout: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell and James Reiffarth, and Associate Member 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. Ms. Jean Bowden of Capizzi Home Improvement represented the Petition and submitted photos of the existing home. She stated that the homeowners propose to construct an accessory apartment onto the existing dwelling. The apartment will consist of one bedroom with a sitting area and small kitchenette to accommodate elderly parents. At 504 square feet, the accessory apartment will be 33.5% of the total living area of the home. The Plan Review Committee has approved the proposal with conditions. The Board of Health memo dated November 8, 2011 states: "The existing leaching facility limits the dwelling to three bedrooms. A 6' wide (cased opening) entranceway into the existing den will be required." No comments were received from abutters.