12/08/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning 2 Board of Appeals Scott Chapman Steven Tjoe-Fat SP-04-159 law stands now. The Board reminds Mr. Chapman that one of the two dwellings must be owner occupied. They would also request that the driveway be made 20 feet wide and the well be identified on the plans. Mr. Chapman will have the plans re-drawn and submit them to the Board before the filing of the decision. Clyde Pina, direct abutter, has no objections to this request but informs the Board that he is on a paper road. The Board moves to grant the special permit. Marshall Brem dissents with his vote. GENERAL FINDINGS 1. that the subject lot is located at 265 Main Street and contains 123,545 square feet. SPECIAL PERMIT CRITERIA § 174-45.4 of the Zoning By-laws states: "Conversion of an existing dwelling to accommodate not more than two (2) families, provided that there is not external evidence of occupancy by more than one (1) family, and further provided that each dwelling unit resulting from such conversion shall have not less than seven hundred fifty (300) square feet of habitable floor space" SPECIFIC FINDINGS The Board determined that: 1. conversion of an existing dwelling to accommodate not more than two (2) families, provided that there is no external evidence of occupancy by more than one (1) family, 2. and further provided that each dwelling unit resulting from such conversion shall have not less three hundred (300) square feet of habitable floor space. In view of the foregoing, the Mashpee Zoning Board of Appeals found that the applicant met the criteria necessary for the granting of a Special Permit. Upon motion duly made and seconded, the Zoning Board of Appeals voted 4-1 on December 8, 2004 to grant a Special Permit to legalize the accessory apartment as permitted by the requested relief sought. Reference plans from Yankee Survey Consultants of Marstons Mills, MA, dated November 11, 2004 revised December 10, 2004. w