08/10/2005 ZONING BOARD OF APPEALS Minutes

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� Y �. Town of Mashpec 16 Great,Peek Pvoad,)Vot•th M(.ishpee, Mcissach,usetts 02640 MASHPEE ZONING BOARD OF APPEALS Decision for a Special Permit Re: Keith Mendes 587 Main Street Map 20 Parcel 30 SP-05-96 A Petition was filed on July 17, 2005 for a Special Permit under Section 174-45.4 of the Zoning By-laws to build an accessory apartment on property located in an R-5 zoning district at 587 Main Street (Map 20 Parcel 30) 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, July 22 2005, and July 29, 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, August 10, 2005 at which time the following members of the Zoning Board of Appeals were present and acting throughout: Robert Nelson, Zella Elizenberry, Marshall Brem, Eric Dubliner and Evano Cunha. 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. Keith Mendes represents himself at this hearing. He is seeking a special permit for an accessory apartment along with a variance to build a garage that the apartment will go above. The apartment will be for his parents who currently reside in Florida but have a trailer on Mr. Mendes property at the moment. The proposed garage needs a southerly side yard variance since they cannot meet the 25- foot setback requirements. The apartment will be build over the garage. The Board informs Mr. Mendes that this must be owner occupied and does not go in perpetuity from one owner to the next. Each owner must have their own special permit to have this accessory apartment. The Board reviews the plans and finds everything to be in order. The Board grants the Special Permit