11/09/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS John J. and Susan Foley 33 Leather Leaf Lane Mashpee, MA 02649 SP-2011-43 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 to accommodate several vehicles. 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. H. Any Petition for a Special Permit under this Section shall require the submission of ten (10) copies of the Petition, plans and documentation required under §174- 24.C.3 for Special Permit Petitions to the Zoning Board of Appeals, plus any additional copies required under §174-24.C.4. Upon submission to the Board, seven (7) copies of such Petition,plans and documentation shall be forward to the Building Inspector for review by Town departments following the Plan Review process provided under §174-24.B., Subsections (1) through (4). The recommendations developed under said process shall be forwarded to the Zoning Board of Appeals for review prior to the Board's decision on the application. The Petitioner has submitted the required documentation. The Building Inspector has reviewed the proposal. The Design Review Committee has approved the proposal. I. The Special Permit granted under this section shall run with the property owner and shall lapse upon sale and/or transfer to another property owner. J. The accessory apartment shall not be rented or occupied until a Certificate of Occupancy has been issued by the Building Inspector. In view of the foregoing, the Board determined that the Petitioner met the criteria for grant of a Special Permit. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously at the Public Hearings on November 9, 2011 to grant a Special Permit to allow for construction of an accessory apartment within the existing dwelling. This Decision is conditioned upon the following: • the driveway shall be widened to 20 feet in width in the area from the building out towards Leather Leaf Lane for a distance of 30 feet. • Building Department approval and final Certificate of Occupancy • Board of Health approval. • Eastbound Land Surveying, Inc. plan entitled: "Certified Plot Plan. Foley Residence 33 Leather Leaf Lane, Mashpee, MA. Date: 7-28-2011. Certified signature Robb Sykes,P.L.S. 8-29-2011". • Capizzi Home Improvement plan entitled: "Foley Residence 33 Leather Leaf Lane,Mashpee, Massachusetts. Date: 2-15-11. Final Revision Date: 9-29-11". 3