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y� own of 1Iczshee, <br /> y ' 9 <br /> MASHPEE ZONING BOARD OF APPEALS 16 Gr cat Aeck Road,Arth <br /> DECISION FOR A SPECIAL PERMIT Mosh.pee,Massachusetts 62649 <br /> SP-10-11 <br /> Timothy R. and Charlene Maciel, Document Number: 1,128,548 <br /> and Deolinda Marinelli Certificate of Title: 190101 <br /> 58 Saddleback Road Lot 29 Plan 41390-B <br /> Mashpee,MA 02649 Assessor's Map 43 Parcel 15 <br /> A Petition was filed on March 22, 2010 by Timothy R. and Charlene Maciel, and <br /> Deolinda Marinelli for a Special Permit under 174-45.4(I) of the Zoning By-laws for a legally <br /> existing accessory apartment on property located in an R-5 zoning district at 58 Saddleback Road <br /> (Map 43 Parcel 15)Mashpee,MA. <br /> Notice was duly given to abutters in accordance with Massachusetts General Laws <br /> Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of <br /> general circulation in the Town of Mashpee, on April 9, and April 16, 2010, a copy of which is <br /> attached hereto and made a part hereof. <br /> A Public Hearing was held on the Petition at the Mashpee Town Hall on April 28, 2010. <br /> The following members of the Board were present and acting throughout: Robert G. Nelson, <br /> Jonathan Furbush,James Reiffarth, John M.Dorsey,Peter Hinden. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of <br /> Massachusetts General Law, Chapter 40A§9 and the Town of Mashpee Zoning By-laws. <br /> Mrs. Deolinda Marinelli and her daughter, Charlene Maciel, represented the Petition. <br /> Mrs. Marinelli, along with her daughter and son-in-law, are the new owners of the home at 58 <br /> Saddleback Road. The Petitioner is seeking a Special Permit to legalize the existing accessory <br /> apartment. <br /> Building Inspector Richard Stevens submitted a letter in approval of granting the Special <br /> Permit. The accessory apartment is not to be rented or occupied until a Certificate of Occupancy <br /> has been issued by the Building Inspector. <br /> No comments were received from abutters. <br /> GENERAL FINDINGS: <br /> that the subject property is located at 58 Saddleback Road and consists of 28,601 square <br /> feet of land. <br /> SPECIFIC FINDINGS: <br /> Section 174-45.4(I)of the Zoning By-laws states: "The Special Permit granted under this <br /> section shall run with the property owner and shall lapse upon sale and/or transfer to another <br /> property owner." <br /> In view of the foregoing and upon motion duly made and seconded, the Zoning Board of L <br /> Appeals voted unanimously on April 28, 2010 to grant a Special Permit to allow for the existing <br /> accessory apartment to the dwelling on the subject property. <br /> 8,3 <br />