09/25/2013 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS Arthur R. Joia, Jr. and Darlene E. Joia 49 Somerset Road (Map 16 Parcel 11) Mashpee, MA 02649 V-2013-41 Commercial Districts C-1 40,000 200 4014 408 201 2 35 255 C-2 40,000 200 7514 205,8 208 2 35 205 C-320 40,000 1 200 175 120 120 12 V2 135 120 Industrial Districts I-1 40,000 200 7511,15 50 308 2 35 25 Land Space Requirements Table Footnotes 1 For lots where any part of the front lot line is on an arc 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 10-16-2006 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. '1 3