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why they took so long to come forward to legalize this apartment. Mr. Janssen told her <br /> that his client was not aware that this was an illegal apartment and as soon as they <br /> realized it, they straightened it out. The Board grants the Special Permit. <br /> GENERAL FINDINGS <br /> 1. that the subject lot is located at 35 James Circle and contains 12,150 square <br /> feet. <br /> SPECIAL PERMIT CRITERIA <br /> § 174-45.4 of the Zoning By-laws states: <br /> "Conversion of an existing dwelling to accommodate not more than two (2) families, <br /> provided that there is not external evidence of occupancy by more than one (1) family, <br /> and further provided that each dwelling unit resulting from such conversion shall have <br /> not less than three hundred (300) square feet of habitable floor space" <br /> SPECIFIC FINDINGS <br /> The Board determined that: <br /> l. conversion of an existing dwelling to accommodate not more than two (2) families, <br /> provided that there is no external evidence of occupancy by more than one (1) family, <br /> 2. and further provided that each dwelling unit resulting from such conversion shall <br /> have not less three hundred(300) square feet of habitable floor space. <br /> 3. An inspection and approval by the Fire Department. <br /> In view of the foregoing,the Mashpee Zoning Board of Appeals found that the <br /> applicant met the criteria necessary for the granting of a Special Permit. Upon motion <br /> duly made and seconded,the Zoning Board of Appeals voted 4-1 on July 13, 2005 to <br /> grant a Special Permit to legalize an existing accessory apartment. Reference plans from <br /> Cape &Islands Engineering, dated January 5, 2005. <br />