10/24/2001 ZONING BOARD OF APPEALS Decisions

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I it I Town of Mashpee _ NMASHFEE ZONINU BOARD OF APPEALS 16 Great Seck _(�qad Xorth j W Decision for a Special Permit AUIE Mashpee, Massachusetts 02649 I �U, I RE: Harold R. &Mary H. Williams SP-01-107 141 James Circle l ; I Map 71 Parcel 183 A Petition was filed on September 25, 2001 by Harold R. and Mary H. Williams of North Falmouth, Massachusetts for a Special Permit under Section 174-25.A.8 of the Zoning By-laws to allow for addition of an in-law apartment to an existing home on property located in an R-5 zoning district at 141 James Circle (Map 71 Parcel 183) Mashpee, MA. I I 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, on October 5 and October 12, 2001, a copy of which is attached hereto and made a part hereof. IiI III A Public Hearing was held on the Petition at the Mashpee Town Hall on Wednesday, October 24, 2001, at which time the following members of the Zoning Board j of Appeals were present and acting throughout: James E. Regan III, Robert G. Nelson and Marshall A. Brem. Mr. Govoni stepped down and left the room. j 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. I Building Commissioner Russell W. Wheeler said that the Petitioner is in violation � I of the Town's Zoning By-laws. Mrs. Williams stated that she remodeled the basement and requested a Special Permit from the Board in order to legalize the in-law apartment. SPECIAL PERMIT CRITERIA - § 174-25.A.8 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(750) square feet of habitable floor space". GENERAL FINDINGS 1. that the subject property is located at 141 James Circle and consists of 24,381 square feet of land. In view of the foregoing, the Mashpee Zoning Board of Appeals found that the Petitioner met the criteria necessary for the granting of a Special Permit. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously on October 24,2001 to grant a Special Permit to allow for an in-law apartment on the property located at 141 James Circle. The Special Permit is subject to the Petitioner obtaining a building permit.