03/23/2005 ZONING BOARD OF APPEALS Minutes

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MashpeeTown of 16 Great WN A0(0,JNorih, LF1 Mctsh��e, 1llassachusetts 0.2649 MASHPEE ZONING BOARD OF APPEALS Decision for a Special Permit Re: Matthew Shields 780 Old Barnstable Road Angelika Kutter Map 78 Parcel 102 SP-05-35 A Petition was filed on March 2, 2005 for a Special Permit tinder Section 174- 45.4 of the Zoning By-laws to build an accessory apartment on property located in an R-5 zoning district at 780 Old Barnstable Road (Map 78 Parcel 102 ) Mashpee, MA. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, March 4, 2005 and March 11, 2005, a copy of which is attached hereto and made a part hereof. A Public Hearing was held on the Petition at the Mashpee Town Hall on Wednesday, March 23, 3005 at which time the following members of the Zoning Board of Appeals were present and acting throughout: Robert G. Nelson, Zella Elizenberry, Richard Guerrera, Frederick Borgeson and Jonathan Furbush. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws, Chapter 40A, Section 9 and the Town of Mashpee Zoning By-laws. Matt Shields represents himself at this hearing. They are seeking a special permit to build an accessory apartment in their house. They are allowed by the Board of Health to have a total of four bedrooms which is what they are proposing to include the accessory apartment. The applicant does not need any variance relief as they can maintain the setbacks required in that district. The Board reminds him that the dwelling must be owner occupied and that this special permit is not given in perpetuity. GENERAL FINDINGS 1. that the subject lot is located at 780 Old Barnstable Road and contains 41,911 square feet.