10/13/2004 ZONING BOARD OF APPEALS Minutes

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lown of Mashpee VD f = 4 16 Grcat Ncck Yoad,A( r)ah Nlashpcc, Allassachusctts 02649 MASHPEE ZONING BOARD OF APPEALS Decision for a Special Permit RE: Karen Jackson 123 Pimlico Pond Road Map 2 Parcel 131 SP-04-128 A Petition was filed on September 21, 2004 for a Special Permit under Section 174-45.4 of the Zoning By-laws to build an accessory apartment above a detached garage on property located in an R-5 zoning district at 123 Pimlico Pond Road (Map 2 Parcel 131) 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, September 24, 2004 and October 1, 2004 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, October 13, 2004 at which time the following members of the Zoning Board of Appeals were present and acting throughout: James Regan, Robert Nelson and Frederick Borgeson and Zella Elizenberry. 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. Karen Jackson represents herself at this hearing. She is seeking a Special Permit to allow an accessory apartment above a detached garage that will be quite a distance from the main dwelling. The new by-laws do not require the structures to be attached which the board questions. She is planning to have a separate septic system installed just for this apartment since the distance is too far from the main house. The Board reminds Ms. Jackson that the main dwelling must be owner occupied even though it is detached. Mr. Regan does not want this to be condominium zed or sub-divided at any point. The Board feels this is reasonable and will consider it a 3-bedroom dwelling with a one-