08/25/2010 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Ronald M. and Kristine M. Carpenter 75 Cayuga Avenue Mashpee,MA 02649 SP-10-33 Building Commissioner Richard Stevens said that the Building Department conducts annual inspections of all legalized accessory apartments in the Town of Mashpee. He also said that the Building Department will issue a Certificate of Occupancy permit after inspecting the accessory apartment. GENERAL FINDINGS: the subject property is located at 75 Cayuga Avenue and consists of 20,540 square feet of land. SPECIAL PERMIT CRITERIA: §174-45.4. Accessory Apartment: A Special Permit authorizing one accessory apartment per lot may be granted by the Zoning Board of Appeals if consistent with the following: SPECIFIC FINDINGS: The Board determined that: • the design, installation and 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 is located within the same structure as said home. • the gross floor area of the accessory apartment is not less than three hundred square feet nor more than forty percent of the gross floor area of said structure. • the accessory apartment is self-contained, with separate sleeping, cooking and sanitary facilities for the exclusive use of the occupant. The existing accessory apartment consists of one bedroom, less than the maximum allowed two bedrooms. • modifications to the exterior of the existing principal structure resulting from the installation of an accessory apartment are consistent with the principal structure's predominant character as a single-family home. • at least one off-street parking space is available for the accessory apartment, in addition to several other off-street parking spaces. • 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. In view of the foregoing, the Zoning Board of Appeals determined that the Petitioner met the criteria necessary for granting of a Special Permit. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously on August 25, 2010 to grant the Special Permit to legalize the existing accessory apartment on the subject property. This Decision is contingent upon the following: • the accessory apartment must comply with and meet Building Department inspection regulations. • the Building Department shall issue a Certificate of Occupancy permit for the accessory apartment. 2