01/13/2021 ZONING BOARD OF APPEALS Decision

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Town of Nashpee 16 Great Jlreck goad,Arorth Waslipee,Wassachusetts 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE V-2021-02 Petitioner, K. Marshall Works Design Doc.: 1314050 Owners of Record: Lawrence A. Palmer and Ctf.: 211984 Karen R. Palmer 63 Waterway (Map 105 Parcel 184) Mashpee, MA 02649 A Petition was filed on December 4, 2020 by Petitioner, K. Marshall Works Design requesting a Variance under §174-31 of the Zoning Bylaws to vary the front setback and lot size requirements to allow for construction of a new single-family dwelling on property located in an R-3 Zoning District, 63 Waterway, Map 105 Parcel 184, Mashpee MA. (Owners of record: Lawrence A. Palmer and Karen R. Palmer). 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 December 11, 2020 and December 18, 2020. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A §10 and the Town of Mashpee Zoning By-laws. Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, January 13, 2020 as a virtual remote meeting at which time the following members of the Board of Appeals were present and acting throughout; Chairman, Jonathan Furbush, Vice Chairman, William Blaisdell, Board Members, Ron Bonvie, Norman J. Gould, and Associate Member, James Reiffarth. Marshall Works represented the property owners who would like to construct a new home on the corner of Waterway and Halyard Lane. The required front yard setback for this property is 40 ft., and are looking for relief from this setback. Marshall stated that under the bylaw Section 174-31 fn. 6 states that a dwelling need not be set back more than the average of the setbacks of dwelling on the lots adjacent to either side. Marshall wanted to know the Board's determination being a corner lot. He referred to the site plan that depicts a house on the Waterway side with a setback of 32.5', and the Halyard Lane side showing a setback of 35'. Chairman Furbush mentioned that because it's a corner lot, there is a hardship with two front yards. The size of the lot is 14,345 sq. ft. The minimum lot size in Mashpee is 40,000 sq. ft. Chairman Furbush referred to a protected lot status form that was completed by the homeowner's attorney that confirms that the house was not held in common ownership at the time of the zoning change. 1