02/08/2012 ZONING BOARD OF APPEALS Executive Session

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MASHPEE ZONING BOARD OF APPEALS MINUTES FEBRUARY 8, 2012 The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, February 8, 2012 at 7:00 p.m. (Conference Room #1) at the Mashpee Town Hall, 16 Great Neck Road North. Board Members Robert G. Nelson, William A. Blaisdell, James Reiffarth, and Ronald S. Bonvie, and Associate Board Member Judith M. Horton were present. Board Members Jonathan D. Furbush and John M. Dorsey were unable to attend. Building Commissioner Richard E. Morgan was present at the meeting. Chairman Robert G. Nelson opened the meeting at 7:00 p.m. and announced that the meeting was being televised live. PLEDGE OF ALLEGIANCE NEW HEARINGS Stephen V. Smith and Jeannette A. Hanlon: Request a Special Permit under Section 174-45.4 of the Zoning By-laws to allow for an existing accessory apartment in a dwelling located in an R-3 zoning district at 32 Popponesset Avenue (Map 70 Parcel 88) Mashpee, MA. Sitting: Board Members Robert G. Nelson, William A. Blaisdell, James Reiffarth, and Ronald S. Bonvie, and Associate Board Member Judith M. Horton. Ms. Jeannette Hanlon represented her Petition, stated that she bought the home in 2004 and resides there year-round. In 2002, the ZBA granted a Special Permit to the original owner/builder for the accessory apartment. During a recent appraisal of the home, Ms. Hanlon discovered that she needed a Special Permit from the ZBA to legalize the existing accessory apartment. She said that she has not made any changes to the accessory apartment. The accessory apartment must comply with current By-laws that clearly outline criteria necessary for grant of a Special Permit. Ms. Hanlon said that there are currently five bedrooms - four bedrooms in the primary residence and one bedroom in the accessory apartment. The ZBA office advised the Petitioner to discuss the Petition with the Board of Health prior to the ZBA meeting. The Board of Health memo states “Not in Zone II. The existing leaching facility can accommodate a four-bedroom dwelling.” Ms. Hanlon said that the septic system is large enough to accommodate more than four bedrooms. Ms. Hanlon insisted that the Board of Health made a mistake in calculating the number of bedrooms allowed. She said that the Board of Health should conduct a site visit to reassess the septic system. The Board went into a lengthy discussion about granting the Special Permit, conditioning it on Building Department and Board of Health approval, or getting a different Board of Health ruling. The Board advised Ms. Hanlon to contact the Board of Health about either eliminating one of the bedrooms or enlarging the leaching facility.