06/25/2014 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Marilyn Marcelli 29 Melissa Avenue, (Map 21 Parcel 12) Mashpee, MA 02649 V-2014-29 VARIANCE CRITERIA: §174-32 Fire protection: To ensure that all buildings shall be accessible to Fire Department apparatus by way of access roadways capable of supporting firefighting apparatus with an all-weather surface roadway, there shall be an unobstructed, paved access roadway of not less than twenty(20') feet with a vertical clearance of not less than thirteen(13') feet six(6")inches with all corners having a minimum inside radius of not less than twenty-eight (28') feet and a minimum outside radius of not less than forty-six (46') feet. Said access roadway shall be constructed to a point not less than one hundred fifty(150') feet from the furthest point of any building on the lot.Where there is a lot with only a one-family dwelling and/or a residential accessory building, such access, where it lies within the lot, may be by a maintained all-weather surface driveway, constructed by any combination and manipulation of soils, with or without admixtures, which produce a firm mass capable of supporting fire apparatus in all weather conditions and having an improved surface width of twelve (12') feet and a cleared width of sixteen(16') feet.History: Added 5-6 1985,ATM,Article 22 approved by Attorney General 9-12-1985.History: Amended 10-3-1994,ATM,Article 18,approved by Attorney General 1-18-1995. In view of the foregoing, the Board determined the Petitioner met the criteria for a Variance under §174-32 (Fire Protection). Upon motion duly made and seconded at the Public Hearings on June 25, 2014. The Board believes the applicant has a right to remove brush and any debris in the straight layout which is approximately 16 feet as stated by the Mashpee Fire Chief. Also referencing a memo from the Planning Board to the Building Department dated June 20,2014 stating their approval. Referencing a plot plan titled;"Plan of Land in Mashpee,Mass", for: Peter Nelson et al, scale: 1"=40', dated June 6, 1978, by Kingsbury Surveying Co., Inc. 10 Powderhom Way, Sandwich, MA, signed by the Mashpee Planning Board Approval under the subdivision Control Law not required. 3