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10/13/2021 ZONING BOARD OF APPEALS Minutes (2)
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10/13/2021 ZONING BOARD OF APPEALS Minutes (2)
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11/18/2021 5:00:24 PM
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Mashpee_Meeting Documents
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ZONING BOARD OF APPEALS
Meeting Document Type
Minutes
Meeting Date
10/13/2021
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LIM WTown of Mashpee <br /> h 16 Great,Areck!koacl Arorth <br /> Nlashpee,Massachusetts 02649 <br /> MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A WRITTEN FINDING <br /> FINDING-2021-57 <br /> Owners, Richard J. Weishaus and Bk: 19839 <br /> Janet E. Weishaus Pg.: 212 <br /> 49 Fells Pond Road <br /> (Map 116 Parcel 9) <br /> Mashpee, MA 02649 <br /> A Petition was filed on September 3, 2021 by Owners, Richard J. and Janet E. Weishaus <br /> requesting a Written Finding under§174-17 of the Zoning Bylaws to allow for an addition, <br /> extension of a pre-existing non-conforming single family dwelling on property located in <br /> an R-3 Zoning District, at 49 Fells Pond Road, Map 116 Parcel 9, Mashpee, MA. <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 September 17, 2021 and September 24, 2021 a <br /> copy of which is attached hereto and made a part hereof. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of <br /> Massachusetts General Laws Chapter 40A §6 and the Town of Mashpee Zoning By-laws. <br /> Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, <br /> October 13, 2021 at which time the following members of the Board of Appeals were <br /> present and acting throughout;Acting Chairman, William Blaisdell, Board Members, Ron <br /> Bonvie, Scott Goldstein,Norman J. Gould,and Associate Members, Sharon Sangeleer, and <br /> Charles Reidy. Also present was Dave Morris, Building Commissioner and Chris <br /> Gallagher, Town Engineer. <br /> Mr. Weishaus represented himself for the proposed project. He mentioned there was an <br /> error in the building plans from the architect regarding a fourth bedroom. It was a <br /> misunderstanding and there is no intention for a fourth bedroom. <br /> Ms. Sangeleer read the Board of Health comments dated October 13, 2021 submitted by <br /> the Health Agent stating that the septic is restricted to three bedrooms. The Conservation <br /> comments stated that the project is out of wetlands jurisdiction. <br /> The Board had a discussion about the setbacks on the property. The plan depicted an <br /> existing setback of 35.14 ft. from the front, and the proposed is 29.26 ft. The Board needs <br /> to determine if the proposed is more detrimental than what exists. The Board mentioned to <br /> the applicant that the final foundation plan will need to be reviewed and approved by the <br /> Building Commissioner who will determine if the setback is "de minimis". <br /> 1 <br />
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