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MASHPEE ZONING BOARD OF APPEALS
<br /> DECISION FOR A VARIANCE
<br /> Michael Moskowitz
<br /> 146 Popponesset Island Road (Map 112 Parcel 10)
<br /> Mashpee,MA 02649
<br /> V-2014-38
<br /> History: Amended 5-1-2000 ATM,Article 32,approved by Attorney General 8-7-2000.
<br /> History: Amended 10-2-2000 ATM,Article 33,approved by Attorney General 1-12-2001.
<br /> History: Amended 10-20-2003 ATM,Article 15,approved by Attorney General 11-14-2003.
<br /> History: Amended 10-16-2006 ATM,Article 28,approved by Attorney General 2-13-2007.
<br /> 15 Where a lot in any industrial districts fronts on Routes 28, 151 or 130,except for permitted signs and one
<br /> (1)access driveway involving clearance of a path no more than forty(40)feet in width,the first one hundred
<br /> (100) feet of the front setback area shall be left wooded and in its natural state. Where such area is not
<br /> naturally wooded, it shall be suitable landscaped with a sufficient number of trees or a type common in
<br /> Mashpee to constitute a visual barrier between the proposed development and the roadway. Under no
<br /> circumstances will parking, retention ponds or any other development involving clearance of natural
<br /> vegetation be permitted within said area.Nothing herein is intended to prohibit appropriate tree surgery or
<br /> similar maintenance of vegetation in this buffer area.
<br /> 16 Any water or wetland,as defined under MGL C.131,§40,any existing or proposed street or any roadway,
<br /> right-of-way or easement twenty(20)feet or more in width may not be counted toward lot size for the purpose
<br /> of calculating maximum lot coverage. For lots in any cluster subdivision, maximum lot coverage shall be
<br /> thirty(30)percent.
<br /> History: Added 10-7-1991 ATM,Article 24,approved by Attorney General 2-3-1992.
<br /> History: Amended 10-7-1996,ATM Article 28,approved by Attorney General 12-9-1996.
<br /> 17 Except as otherwise allowed under§174-46,Open space incentive development.
<br /> History: Added 10-7-1991 ATM,Article 24,approved by Attorney General on 2-3-1992.
<br /> 18 Maximum height within the Popponesset Overly District shall be thirty(30)feet,subject to the provisions
<br /> of Footnote 4 of this table. Minimum lot size shall be 6000 square feet, minimum frontage sixty(60) feet,
<br /> minimum building setbacks 25 feet front, 15 feet rear and 15 feet side and maximum of lot coverage twenty
<br /> (20)percent.
<br /> History: Added 5-3-1993 ATM,Article 12,approved by Attorney General 7-19-1993.
<br /> History: Amended 5-6-1997,ATM,Article 46,approved by Attorney General 9-25-1997.
<br /> 19 These setback requirements shall not apply to the following building projections provided they do not
<br /> exceed the sizes specified, as measured from the foundation line along a line perpendicular to the nearest
<br /> property line: chimney projecting no more than three(3) feet,house overhang projecting no more than two
<br /> (2)feet,roof overhang projecting no more than three and one-half(3 1/2)feet,and open decks or platforms
<br /> used for egress projecting no more than four(4)feet.These setback requirements shall also not apply to stairs
<br /> required as a means of egress, basement bulkhead of the hatch door type or handicapped access ramps on
<br /> private property used solely for the purpose of facilitating ingress or egress of a physically handicapped
<br /> person,as defined in MGL C. 22, §13A.
<br /> History: Added 10-4-1993 ATM,Article 26,approved by Attorney General 10-18-1993.
<br /> 20 Minimum front building setback within the Mashpee Overlay District shall be twenty (20) feet and
<br /> maximum allowed building setback for the principal structure on a lot shall be forty(40)feet.
<br /> Except as required by§174-25.1.
<br /> History: Added 10-4-1999 ATM,Article 29,approved by Attorney General 1-11-2000.
<br /> History:Amended 10-7-2002 ATM,Article 22,approved by Attorney General 11-27-2002
<br /> 21 Except that hotels and motels(and not other uses) approved by the Planning Board under the provisions
<br /> of§174-45 may be increased to three(3)stories and forty five(45)feet,if approved by the Board,provided
<br /> that there is adequate access for Fire Department vehicles and equipment and that all Fire Protection
<br /> Construction Documents required by 780 CMR Subsection 903.1.1 of the Massachusetts State Building
<br /> Code, have been submitted to the Planning Board and Fire Department as part of the special permit
<br /> application and the Board is satisfied that the standards of said Subsection will be met.
<br /> History: Amended 10-18-2004 ATM,Article 40,approved by Attorney General 12-16-2004
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