05/24/2006 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals J. Patrick Riley 2 SP-06-38 the two new board members who voted against this matter to review the by and would like to remind the board that this by-law is in place for people with illegal apartments to come forward and rectify their situations. The matter will be brought to the attention to Town Counsel to see if the vote can be rescinded. After the Town Manager, Joyce Mason had a discussion with Town Counsel, it was determined that the Board could take another vote on this matter and reconsider it. At the ZBA hearing on July 12, 2006, the applicant came back to the ZBA. The Board voted to rescind the previous vote and grant the Special Permit to legalize the accessory dwelling. It was a unanimous vote. GENERAL FINDINGS 1. that the subject lot is located at 30 Shorewood Drive and contains 14,639 square feet. SPECIAL PERMIT CRITERIA § 174-45.4 of the Zoning By-laws states: "Conversion of an existing dwelling to accommodate not more than two (2) families, provided that there is not external evidence of occupancy by more than one (1) family, and further provided that each dwelling unit resulting from such conversion shall have not less than three hundred(300) square feet of habitable floor space" SPECIFIC FINDINGS The Board determined that: 1. conversion of an existing dwelling to accommodate not more than two (2) families, provided that there is no external evidence of occupancy by more than one (1) family, 2. and further provided that each dwelling unit resulting from such conversion shall have not less three hundred(300) square feet of habitable floor space. 3. An inspection and approval by the Fire Department. 4. Must be owner occupied. In view of the foregoing,the Mashpee Zoning Board of Appeals found that the applicant met the criteria necessary for the granting of a Special Permit. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously to grant the Special Permit.