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.
The ZBA office informed the Petitioner that the Board would need accurate figures of the total square footage of the home, the square footage of the accessory apartment and the percentage of the square footage of the accessory apartment in comparison to the principle residence. Ms. Hanlon said that the total square footage of the home is 3,500 square feet and the square footage of the accessory apartment is about 1,000 square feet.
Although the Board of Health meeting had been canceled, Health Agent Glenn Harrington was in Conference Room #2 and agreed to join the ZBA meeting. Mr. Harrington confirmed that the dwelling contains five bedrooms. He also assured the Board that Assistant Health Agent Ronnie Warden’s memo is correct – the leaching facility was designed to accommodate a four-bedroom dwelling. Mr. Harrington said that the Petitioner is not limited to four bedrooms; the leaching facility limits the number of bedrooms to four. At Ms. Hanlon’s request, Mr. Harrington reviewed the original septic plan and application. Mr. Harrington said that the Petitioner would either have to add onto the leaching field or eliminate one of the bedrooms by enlarging the doorway.
Ms. Hanlon asked the Board what she should tell a potential buyer of her home. Mr. Bonvie said that the Special Permit for an accessory apartment runs with the property owner and lapses upon sale and/or transfer to another property owner.
Ms. Hanlon said that she would like to continue the Petition until March 28, 2012 so she and her husband could discuss their options. Mr. Blaisdell made a motion to continue the Petition until March 28, 2012. Mr. Reiffarth seconded the motion. Ms. Horton voted yes. Mr. Nelson voted yes. Mr. Blaisdell voted yes. Mr. Bonvie voted yes. Mr. Reiffarth voted yes. Vote was unanimous.
OTHER BUSINESS
Vote to sign Voucher: Reimbursement of Engineering Consultant Charles L. Rowley for services rendered in connection with River Hill Road project. Developer of River Hill Road Project to donate balance of the project performance bond to Mashpee Affordable Housing Funds after reimbursing Mr. Rowley.
Mr. Nelson made a motion to reimburse Mr. Rowley. Mr. Blaisdell seconded the motion. Ms. Horton voted yes. Mr. Nelson voted yes. Mr. Blaisdell voted yes. Mr. Reiffarth voted yes. Mr. Bonvie abstained. Motion passed.
Distribute: Copies of Mashpee Wampanoag Tribe’s Application for Project Eligibility submitted to Department of Housing and Community Development and copies of Town Planner F. Thomas Fudala’s March 29, 2011 Memo regarding the housing project.
Accept January 25, 2012 Minutes
Mr. Nelson made a motion to accept the revised Minutes. Mr. Blaisdell seconded the motion. Ms. Horton voted yes. Mr. Nelson voted yes. Mr. Blaisdell voted yes. Mr. Bonvie voted yes. Mr. Reiffarth voted yes. Vote was unanimous.
Mr. Blaisdell made a motion to adjourn the meeting. Mr. Nelson seconded the motion. Ms. Horton voted yes. Mr. Reiffarth voted yes. Mr. Bonvie voted yes. Mr. Blaisdell voted yes. Mr. Nelson voted yes. Meeting was adjourned at 7:50 p.m.
Respectfully submitted,
Cynthia Bartos
Administrative Secretary
Zoning Board of Appeals
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