11/10/2010 ZONING BOARD OF APPEALS Minutes

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! 0 IA IVIASHPEE ZONING BOARD OF APPEALS • November 10, 2010 Minutes The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, November 10, 2010, at the Mashpee Town Hall. Board Members Robert G. Nelson, Jonathan Forbush, and John M. Dorsey and Associate Member Ronald S. Bonvie were present. Building Commissioner Richard Stevens was also in attendance. Board Members William A. Blaisdell and James Reiffarth and Associate Board Member Peter R. Hinden were not in attendance. Chairman Robert G. Nelson opened the meeting at 7:00 p.m. He announced to everyone that the hearings were being televised live. CONTINUED HEARINGS Brian Hvde Trustee of Krisharl Realty Trust: Requests a Special Permit under Section 174-45.4 of the Zoning By-laws to allow for an existing accessory apartment on property located in an R-3 zoning district at 701 Great Neck Road South (Map 104 Parcel 125) Mashpee, MA. Continued (opened, but not heard) from September 22, 2010 and October 27, 2010 Public Hearings at request of Petitioner). The ZBA office received a fax dated November 10, 2010 requesting Withdrawal of the Petition. Messrs. Furbush and Dorsey stepped down from this Petition. Mr. Nelson said that there would not be a quorum. Mr. Nelson said that the Board does not want to allow the current violation on the subject property to continue without a public hearing being held. There is a tenant currently residing in the accessory apartment on the property, which is in violation of Section 174- 45.4(A) of the Zoning By-laws because the primary residence is not currently occupied by the owner of record. §174-45.4. Accessory Apartment. A Special Permit authorizing one accessory apartment per lot may be granted by the Board of Appeals if consistent with the following: A. In order for an accessory apartment to be permitted, in addition to meeting all of the requirements under subsections B-1, 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. The Board would like Town Counsel opinion on whether or not it can Deny the request for Withdrawal. If not, the Board will ask the Building Commissioner to enforce Section 174-102 of the Zoning By-laws. §174-102. Enforcement Authority; Determination of Violation. This Zoning Bylaw shall be enforced by the Building Inspector who, upon being • informed in writing of a possible violation of this chapter, or on his own initiative,