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 k V-2013-41 History: Added 5-3-1993 ATM,Article 12,approved by Attorney General 7-19-1993. History: Amended 5-6-1997,ATM,Article 46,approved by Attorney General 9-25-1997. 19 These setback requirements shall not apply to the following building projections provided they do not exceed the sizes specified, as measured from the foundation line along a line perpendicular to the nearest property line: chimney projecting no more than three(3) feet,house overhang projecting no more than two (2) feet,roof overhang projecting no more than three and one-half(3 1/2)feet,and open decks or platforms used for egress projecting no more than four(4)feet.These setback requirements shall also not apply to stairs required as a means of egress,basement bulkhead of the hatch door type or handicapped access ramps on private property used solely for the purpose of facilitating ingress or egress of a physically handicapped person,as defined in MGL C. 22,§13A. History:Added 10-4-1993 ATM,Article 26,approved by Attorney General 10-18-1993. 20 Minimum front building setback within the Mashpee Overlay District shall be twenty (20) feet and maximum allowed building setback for the principal structure on a lot shall be forty(40)feet. Except as required by§174-25.1. History: Added 10-4-1999 ATM,Article 29,approved by Attorney General 1-11-2000. History: Amended 10-7-2002 ATM,Article 22,approved by Attorney General 11-27-2002 21 Except that hotels and motels (and not other uses) approved by the Planning Board under the provisions of§174-45 may be increased to three(3)stories and forty five(45)feet,if approved by the Board,provided that there is adequate access for Fire Department vehicles and equipment and that all Fire Protection Construction Documents required by 780 CMR Subsection 903.1.1 of the Massachusetts State Building Code, have been submitted to the Planning Board and Fire Department as part of the special permit application and the Board is satisfied that the standards of said Subsection will be met. History: Amended 10-18-2004 ATM,Article 40,approved by Attorney General 12-16-2004 22 Minimum front building setback within the Mashpee Center Overlay District shall be twenty(20)feet and maximum allowed building setback for the principal structure on a lot shall be forty(40)feet. History:Added 10-17-2005 ATM,Article 18,approved by Attorney General 3-7-2006 23 Minimum required setback from rear or side property lines shall be five (5) feet for sheds or similarly noninhabitable structures not exceeding 120 square feet in floor area or twelve(12)feet in height. History:Added 10-17-2005 ATM,Article 13,approved by Attorney General 3-7-2006 In view of the foregoing, the Board voted unanimously to issue a Variance under Article VII §174-31 (Land Space Requirements) of the Zoning By-laws to vary the front and side setback requirements to locate a shed in an R-5 Zoning District at 49 Somerset Road, (Map 16 Parcel 11), Mashpee, MA. The Variance is for a 20 foot front setback and an 11.7 foot side yard setback. This is contingent upon a 5 foot gate between the shed and garage, and also contingent upon a stamped site plan referencing the proposed shed for 49 Somerset Road, Mashpee, MA, scale: 1" = 20' dated October 21, 2013 prepared by Warwick&Associates Inc., 63 County Road Box 801,North Falmouth,MA 02556.There are no revisions on this plan and is drawn by LM and RJW dated 10/21/13 Sheet 1 of 1. 5