10/22/2014 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Elizabeth R. St. Pierre 265 Monomoscoy Road (Map120 Parcel 41) Mashpee, MA 02649 V-2014-50 Land Space Requirements Table Footnotes 1 For lots where any part of the front lot line is on an are of a curve with a radius of three hundred(300)feet or less, lot frontage may be measured along a straight line connecting the points of intersection of the side lot lines with the minimum building setback line applicable to the lot under this bylaw. History:Amended 10-7-1996,ATM,Article 29,approved by Attorney General 12-9-1996. 2 Not less than the frontage requirements shall be maintained throughout the front yard depth, except as provided for in Note 1 above. 3 On lots abutting streets or public ways on more than one(1)side,the front setback requirements shall apply to each of the abutting street and public ways.In the case of undefined ways,the measurements shall be taken from the center of the road and an additional twenty(20)feet shall be required. History: Amended 10-2-2000 ATM,Article 33,approved by Attorney General 1-12-2001. 4 These height restrictions shall not apply to chimneys,water towers,skylights and other necessary features appurtenant to buildings which are usually carried above roofs and are not used for human occupancy nor to wireless or broadcasting towers and other like unenclosed structures, except that when any structure or portion of a structure is proposed to exceed forty (40) feet in height, construction shall require a Federal Aviation Administration(FAA)Determination of No Hazard or evidence of exemption for the determination process. Other than for those items excepted above,height shall be measured from the average original grade of the land adjacent to the foundation line of any proposed structure (prior to the clearance of the natural vegetation from said site)to any applicable point on a structure.Except for a traditional widow's walk of up to one hundred(100) square feet in area,roof decks will be permitted only if located directly on top of the first or second story of any building. History:Amended 1046-2006 ATM,Article 30,approved by Attorney General 2-13-2007. 5 See Article IX regarding motels,attached dwellings and apartments. History:Amended 12-9-2002 STM,Article 11,approved by Attorney General 2-19-2003. 6 A dwelling need not be set back more than the average of the setbacks of dwellings on the lots adjacent to either side.If a vacant lot exists on one(1)side,it shall be considered as a dwelling set back the depth of the required front yard. 7 Except no requirement when the side of a building abuts another building. 8 Except fifty(50) feet when abutting a residential zone (except residentially zoned land which is a part of the same parcel on which the industrial or commercial use lies and which cannot be later separated or developed for residential use). History:Amended 5-8-1989 ATM,Article 4,approved by Attorney General 8-10-1989. 9 Floodplain restrictions are set forth in Article XI. 10 All land space requirements shall apply to accessory uses. 11 Except that no building in any industrial district maybe located within 150 feet of Routes 28 or 151. History:Amended 5-5-2003 ATM,Article 26,approved by Attorney General 8-27-2003. 12 Any water or wetland as defined under MGL C. 131, §40, any existing or proposed street, any roadway right-of-way or easement twenty(20)feet or more in width or any overhead utility right-of-way or easement twenty(20)feet or more in width may not be counted toward minimum lot size requirements. History:Amended 10-7-1991 ATM,Article 24,approved by Attorney General 2-3-1992. 13 Minimum lot frontage for lots fronting only on Routes 28 and 151 shall be six hundred(600)feet. 14 No building may be located within 75 feet of Routes 28 and 151, Great Neck Road South and North or Route 130 west of Great Neck Road (except within the Mashpee Center Overlay District) and, except for permitted signs and one (1) access driveway involving clearance of a path no more than forty (40) feet in width, any land within fifty(50) feet of said roads shall be left as a wooded buffer area in its natural state, except that said area may be reduced by the Planning Board as part of its decision on a special permit approved under§174-45.1 or§174-46. 3