04/28/2010 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Frank C. and Vicky Franklin III 5 Cambridge Drive Mashpee, MA 02649 SP-10-13 No comments were received from abutters. GENERAL FINDINGS: the subject property is located at 5 Cambridge Drive and consists of 12,500 square feet of land. SPECIAL PERMIT CRITERIA: §174-45.4. Accessory Apartment: A Special Permit authorizing one accessory apartment per lot may be granted by the Zoning Board of Appeals if consistent with the following: SPECIFIC FINDINGS: The Board determined that: • the design, installation and use of an accessory apartment shall be secondary and incidental to the principal use of the structure as the owner's home, and the apartment shall be located within the same structure as said home. • the gross floor area of the accessory apartment shall not be less than three hundred square feet nor more than forty percent of the gross floor area of said structure. • the accessory apartment shall be self-contained, with separate sleeping, cooking and sanitary facilities for the exclusive use of the occupant(s). The proposed accessory apartment calls for construction of one bedroom, less than the maximum allowed of two bedrooms. • modifications to the exterior of an existing principal structure resulting from the installation of an accessory apartment shall be consistent with the principal structure's predominant character as a single-family home. • at least one off-street parking space shall be provided for the accessory apartment in addition to any other off-street parking requirement. • the Special Permit granted under this section shall run with the property owner and shall • lapse upon sale and/or transfer to another property owner. • the accessory apartment shall not be rented or occupied until a Certificate of Occupancy has been issued by the Building Inspector. In view of the foregoing, the Zoning Board of Appeals determined that the Petitioner met the criteria necessary for granting of a Special Permit. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously to grant the Special Permit, subject to receiving a stamped plan showing removal of structures and reconstruction. The stamped plan was received by the ZBA office on June 24, 2010. This Decision is conditioned upon the submitted plan drawn by Mark A. Marinaccio, Architect entitled: "Revised Design For Frank and Vicky Franklin Project Number 102009 Date 6-1-10." 1 2