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MASHPEE ZONING BOARD OF APPEALS
<br /> Arthur R. Joia, Jr. and Darlene E. Joia
<br /> 49 Somerset Road (Map 16 Parcel 11)
<br /> Mashpee, MA 02649
<br /> V-2013-41
<br /> 11 Except that no building in any industrial district maybe located within 150 feet of Routes 28 or 151.
<br /> History:Amended 5-5-2003 ATM,Article 26,approved by Attorney General 8-27-2003.
<br /> 12 Any water or wetland as defined under MGL C. 131, §40, any existing or proposed street, any roadway
<br /> right-of-way or easement twenty(20)feet or more in width or any overhead utility right-of-way or easement
<br /> twenty(20)feet or more in width may not be counted toward minimum lot size requirements.
<br /> History:Amended 10-7-1991 ATM,Article 24,approved by Attorney General 2-3-1992.
<br /> 13 Minimum lot frontage for lots fronting only on Routes 28 and 151 shall be six hundred(600)feet.
<br /> 14 No building may be located within 75 feet of Routes 28 and 151, Great Neck Road South and North or
<br /> Route 130 west of Great Neck Road (except within the Mashpee Center Overlay District) and, except for
<br /> permitted signs and one (1) access driveway involving clearance of a path no more than forty(40) feet in
<br /> width, any land within fifty(50) feet of said roads shall be left as a wooded buffer area in its natural state,
<br /> except that said area may be reduced by the Planning Board as part of its decision on a special permit
<br /> approved under§174-45.1 or§174-46.Where such area is not naturally wooded,it shall be suitably planted
<br /> with sufficient trees and under story vegetation, of a type common in natural areas of Mashpee,to replicate
<br /> a naturally wooded area and to constitute a visual barrier between the proposed development and the roadway.
<br /> Under no circumstances will parking,retention ponds,or any other development involving natural vegetation
<br /> be permitted within said area. Limited, appropriate tree surgery or similar limited maintenance required to
<br /> protect the health of vegetation in this area may be allowed with the approval of the special permit authority
<br /> which originally authorized the project which included said area or,if no special permit was required,with
<br /> the approval of a majority of the Planning Board.In Commercial and Industrial Districts,any land within the
<br /> side and rear lot lines shall have at a minimum a ten(10)foot vegetated buffer, either in its natural state or
<br /> in accordance with a landscape plan approved by the Design Review Committee,with the recommendation
<br /> made to the Zoning Board of Appeals or the Planning Board. Said buffer may be waived,as part of a special
<br /> permit decision, where the special permit granting authority determines that such buffer would be
<br /> inappropriate for the area and where there is a written agreement to said waiver by the abutting property
<br /> owner.
<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.
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