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MASHPEE ZONING BOARD OF APPEALS
<br /> Southworth Cape Development LLC
<br /> 61 Pleasant Park Drive (Map 70 Parcel 162)
<br /> Mashpee, MA 02649
<br /> V-2013-42
<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
<br /> 22 Minimum front building setback within the Mashpee Center 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 /> History: Added 10-17-2005 ATM,Article 18,approved by Attorney General 3-7-2006
<br /> 23 Minimum required setback from rear or side property lines shall be five (5) feet for sheds or similarly
<br /> noninhabitable structures not exceeding 120 square feet in floor area or twelve(12)feet in height.
<br /> History: Added 10-17-2005 ATM,Article 13,approved by Attorney General 3-7-2006.
<br /> In view of the foregoing, the Board determined the Petitioner met the criteria for a
<br /> Variance. Upon motion duly made and seconded at the Public Hearings on September 25,
<br /> 2013, the Zoning Board of Appeals voted unanimously to issue a Variance to Southworth
<br /> Cape Development LLC: under Article VII §174-31 (Land Space Requirements) of the
<br /> Zoning By-laws to reduce the required land area from 40,000 square feet to 23,983 square
<br /> feet, a 16,017 square foot Variance and reduce required frontage from 150 feet to 114 feet
<br /> which would be a Variance of 36 feet on property located in an R-3 Zoning District at 61
<br /> Pleasant Park Drive (Map 70 Parcel 162), Mashpee, MA.
<br /> This motion is subject to a request from Catherine Laurent, Director regarding a
<br /> DPW permit and restricted to the envelope on the proposed plot plan. Also referencing a
<br /> plan: Site Location: Lot 17 — 61 Pleasant Park Drive, Mashpee, MA, Prepared for
<br /> Southworth Cape Development LLC, 130 Willowbend Drive, Mashpee, MA 02649,
<br /> Certified Plot Plan, Baxter Nye Engineering & Surveying, Registered Professional
<br /> Engineers and Land Surveyors, 78 North Street- Yd Floor, Hyannis, MA 02601, dated
<br /> 9/24/13 Drawing Number CPP, with no revision dates.
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