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03/27/2019 ZONING BOARD OF APPEALS ZBA Decision
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03/27/2019 ZONING BOARD OF APPEALS ZBA Decision
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8/2/2019 5:01:15 PM
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8/2/2019 3:17:04 PM
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Mashpee_Meeting Documents
Board
ZONING BOARD OF APPEALS
Meeting Document Type
ZBA Decision
Meeting Date
03/27/2019
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MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A VARIANCE <br /> Kevin H. Kelley and Maryellen M. Kelley <br /> 123 Tide Run(Map 120 Parcel 182) <br /> Mashpee, MA 02649 <br /> V-2019-19 <br /> Mr.Bonvie stated that he would like applicants to be heard in front of Conservation <br /> prior to meeting with the ZBA. The Board all agreed. Jonathan would like to see the rear <br /> lot line marked for future applications.The Board said that if Conservation needs the length <br /> moved back 2 or 4 ft., it will require a new ZBA hearing. <br /> Mr. Cook agreed with the Board, but will move forward due the length of time to <br /> get the permitting. <br /> Sharon read the Inspection Department comments into the record. Bill read the <br /> Board of Health and Conservation comments into the record. Jonathan read the DPW <br /> comments into the record. <br /> GENERAL CRITERIA: <br /> The subject property located at 123 Tide Run is approximately 15,630 square feet. <br /> There were no abutters present. <br /> VARIANCE CRITERIA: <br /> §174-33 — Setback from water and wetlands: Any building or structure, <br /> exclusive of fixed or floating piers, wharves, docks, bridges or boardwalks, shall be set <br /> back at least(50') feet from any water or wetland as defined by MGL C. 131, §40. <br /> In view of the foregoing, the Board determined the Petitioner met the criteria for a <br /> Variance. Upon motion duly made and seconded at the Public Hearings on Wednesday, <br /> March 27, 2019, the Zoning Board of Appeals voted unanimously to issue a Variance in <br /> the amount of 41.5 feet to Kevin H. Kelley and Maryellen M. Kelley under §174-33 of the <br /> Zoning Bylaws to allow for construction of a deck situated within the wetlands resource <br /> area on property located in an R-3 Zoning District and Little Neck Bay cluster subdivision, <br /> Map 120 Parcel 182, Mashpee, MA. <br /> 1. The Board has determined that the applicant meets all the conditions of a Variance <br /> under Mass General Law 40A Section 10. <br /> 2. Site Plan: Kevin Kelley, 123 Tide Run, Mashpee, MA. Scale: 1"=20',.Date: April <br /> 11, 2018, Provided by: Warwick & Associates, Inc., 63 County Rd, N. Falmouth, <br /> MA. Drawn by: L.M., R.J.W., Date: 04/11/2018, Checked by: GSL, Sheet 1 of 1, <br /> Plan Revisions: 2/28/19,Add Expanded Deck, Revise Lot Coverage. <br /> 2 <br />
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