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MASHPEE ZONTING BOARD OF APPEALS
<br /> Robert D. Gnunehith,Trustee
<br /> 0 Gooseberry Island, (Map 100 Parcel 6-0-R)
<br /> Masll.pee, MA 02649
<br /> V-2013-45
<br /> 4 These height restrictions shall not apply to chimneys,water towers,skylights and other necessary features
<br /> appurtenant to buildings which are usually carried above roofs and are not used for human occupancy nor to
<br /> wireless or broadcasting towers and other like umenclosed structures, except that when any structure or
<br /> Portion of a structure is proposed to exceed forty(40) feet in height, construction shall require a Federal
<br /> Aviation.Adminish•ation(FAA)Determination of No Hazard or evidence of exemption for the determination
<br /> process. Other than for those items excepted above,height shall be measured from the average original grade
<br /> of the land adjacent to the foundation line of any proposed structure(prior to the clearance of the natural
<br /> vegetation from said site)to any applicable point on a structure.Except for a traditional widow's walk of up
<br /> to one hundred(100)square.feet in area,roof decks will be permitted only if located directly on top of the
<br /> first or second story of any building,
<br /> History: Amended 10-16-2006 ATM,Article 30,approved by Atiomey General 2-13-2007,
<br /> 5 See Article IX regarding motels,attached dwellings and apartments.
<br /> History; Amended 12.-9 2002 STM,Article 11,approved by Attorney General 2-19-200:3.
<br /> 6 A dwelling need not bey set back more than the average of the setbacks of dwellings on the lots adjacent to 1
<br /> either side,If a vacant lot:exists on one(1)side,it shall be considered as a dwelling set back the depth of the
<br /> required front yard. e
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<br /> "/Except no requirement when the side of a building abuts another building,
<br /> 8 Except fifty(50) feet when abutting a residential zone(except residentially zoned land which is a part of i
<br /> the same parcel on wli(,h the industrial or commercial use lies and which cannot be. later separated or
<br /> developed for residential use).
<br /> 'Ristory: Amended 5-8-1989 ATM,Article 4,approved by Attorney General 8-10-1989,
<br /> 9 Floodplain restrictions are set forth in Article XI,
<br /> 10 All land space requirements shall apply to accessory uses.
<br /> l I Except that no building in any industrial district may be located within 150 feet of Routes 28 or 151,
<br /> History: Amended 5-5-2003 ATM,Article 26,approval 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 7.0••7-.!991 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. l
<br /> 14 No building may be located within 75 feet of Routes,28 and 151, Great Neck Road South and forth or
<br /> Route 130 west of Great:Neck Road(except witliiru the Mashpce 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, j
<br /> except that said area may be reduced by tho Planning Board as part of its decision on a special permit
<br /> approved raider§174-45.1 or§174-46,Where such area is not naturally wooded,it shall be suitably planted 1
<br /> with sufficient trees and).ender story vegetation,of a type common in natural areas of Maslupee, to replicate
<br /> a naturally wooded area and to constitute a visual barrier botween the proposed development and the roadway,
<br /> under no circumstances will parking,retention ponds,or any other development involving natural vegetation
<br /> be permitted cvitlin 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 niajoriCY of the Planning Board,In Conunereial.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 4
<br /> in accordance with a landscape plan approved by the Design Review Cormnittee,with the recommendation
<br /> made to the Zoning Board of Appeals or the Flaming Board,Said buffer may be waived,as part of a special
<br /> permit decision, where the special perinit 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.History:Amended 5-1-2000 ATM,Article 32,approved by Attorney General 8-7-2000.
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