11/09/2011 ZONING BOARD OF APPEALS Minutes

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MAS14PEE ZONING BOARD OF APPEALS John J. and Susan Foley 33 Leather Leaf Lane Mashpee, MA 02649 SP-2011-43 GENERAL FINDINGS: the subject property is located at 33 Leather Leaf Lane and consists of 21,837 square feet of land. SPECIAL PERMIT CRITERIA AND SPECIFIC 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. The Board of Health memo dated June 8, 2011 to the ZBA office requires a septic inspection prior to issuance of a Building Permit. 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 located in the basement of the home and will be secondary and incidental to the principal use of the dwelling. At 517 square feet, the proposed accessory apartment is less than 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 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 install the accessory apartment. The outside appearance of the dwelling is that of a single-family home. 2