12/08/2004 ZONING BOARD OF APPEALS Minutes

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�,. lown of Mashpec 16 Great W�A &(0 M)ah ��;��;�� A/Mshpee, J lassachusetts O2649 MASHPEE ZONING BOARD OF APPEALS Decision for a Special Permit RE: Scott Chapman Steven Tjoe-Fat 265 Main Street Map 29 Parcel 195 SP-04-159 A Petition was filed on November 16, 2004 for a Special Permit under Section 174-45.4 of the Zoning By-laws to complete the building of an accessory apartment on property located in an R-5 zoning district at 265 Main Street (Map 29 Parcel 195) 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,November 19, 2004 and November 26, 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, December 8, 2004 at which time the following members of the Zoning Board of Appeals were present and acting throughout: James Regan, Robert Nelson, Zella Elizenberry, Marshall Brem and Richard Guerrera. 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. Scott Chapman represented himself at this hearing. He is seeking to build an accessory apartment above a detached garage he is proposing to build. The Board reviews his plans and comments on the fact that the apartment will be quite far from the main dwelling. The Board discusses the interpretation of the new bylaw that was passed in October of 2003 which does not require the dwellings to be attached. Zella Elizenberry states that is not how the bylaw was meant to be. They need to re-address this matter at the next town meeting. The rest of the Board concurs but must move forward with the request before them because the applicant is within h s=rights as the by- 9 T .