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01/13/2021 ZONING BOARD OF APPEALS Decision
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01/13/2021 ZONING BOARD OF APPEALS Decision
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4/3/2023 4:42:47 PM
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11/8/2021 4:11:39 PM
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Mashpee_Meeting Documents
Board
ZONING BOARD OF APPEALS
Meeting Document Type
Decision
Meeting Date
01/13/2021
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Town of Nashpee <br /> 16 Great Jlreck goad,Arorth <br /> Waslipee,Wassachusetts 02649 <br /> MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A VARIANCE <br /> V-2021-02 <br /> Petitioner, K. Marshall Works Design Doc.: 1314050 <br /> Owners of Record: Lawrence A. Palmer and Ctf.: 211984 <br /> Karen R. Palmer <br /> 63 Waterway <br /> (Map 105 Parcel 184) <br /> Mashpee, MA 02649 <br /> A Petition was filed on December 4, 2020 by Petitioner, K. Marshall Works Design <br /> requesting a Variance under §174-31 of the Zoning Bylaws to vary the front setback and <br /> lot size requirements to allow for construction of a new single-family dwelling on property <br /> located in an R-3 Zoning District, 63 Waterway, Map 105 Parcel 184, Mashpee MA. <br /> (Owners of record: Lawrence A. Palmer and Karen R. Palmer). <br /> Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter <br /> 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general <br /> circulation in the Town of Mashpee, on December 11, 2020 and December 18, 2020. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of <br /> Massachusetts General Laws Chapter 40A §10 and the Town of Mashpee Zoning By-laws. <br /> Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, <br /> January 13, 2020 as a virtual remote meeting at which time the following members of the <br /> Board of Appeals were present and acting throughout; Chairman, Jonathan Furbush, Vice <br /> Chairman, William Blaisdell, Board Members, Ron Bonvie, Norman J. Gould, and <br /> Associate Member, James Reiffarth. <br /> Marshall Works represented the property owners who would like to construct a new home <br /> on the corner of Waterway and Halyard Lane. The required front yard setback for this <br /> property is 40 ft., and are looking for relief from this setback. Marshall stated that under <br /> the bylaw Section 174-31 fn. 6 states that a dwelling need not be set back more than the <br /> average of the setbacks of dwelling on the lots adjacent to either side. Marshall wanted to <br /> know the Board's determination being a corner lot. He referred to the site plan that depicts <br /> a house on the Waterway side with a setback of 32.5', and the Halyard Lane side showing <br /> a setback of 35'. <br /> Chairman Furbush mentioned that because it's a corner lot, there is a hardship with two <br /> front yards. The size of the lot is 14,345 sq. ft. The minimum lot size in Mashpee is 40,000 <br /> sq. ft. Chairman Furbush referred to a protected lot status form that was completed by the <br /> homeowner's attorney that confirms that the house was not held in common ownership at <br /> the time of the zoning change. <br /> 1 <br />
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