10/09/2013 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS Robert D. Emmeluth, Trustee 0 Gooseberry Island, (Map 100 Parcel 6-0-R) Mashpee, MA 02649 V-2013-45 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. 11 Except that no building in any industrial district may be located within 150 feet of Routes 28 or 151. History:Amended 5-5-2003 ATM,Article 26,approved by Attorney General 8-27-2003. 12 Any water or wetland as defined under MGL C. 131, §40, any existing or proposed street, any roadway right-of-way or easement twenty(20)feet or more in width or any overhead utility right-of-way or easement twenty(20)feet or more in width may not be counted toward minimum lot size requirements. History: Amended 10-7-1991 ATM,Article 24,approved by Attorney General 2-3-1992. 13 Minimum lot frontage for lots fronting only on Routes 28 and 151 shall be six hundred(600)feet. 14 No building may be located within 75 feet of Routes 28 and 151, Great Neck Road South and North or Route 130 west of Great Neck Road (except within the Mashpee Center Overlay District) and, except for permitted signs and one (1) access driveway involving clearance of a path no more than forty(40) feet in width, any land within fifty(50) feet of said roads shall be left as a wooded buffer area in its natural state, except that said area may be reduced by the Planning Board as part of its decision on a special permit approved under§174-45.1 or§174-46.Where such area is not naturally wooded,it shall be suitably planted with sufficient trees and under story vegetation, of a type common in natural areas of Mashpee,to replicate a naturally wooded area and to constitute a visual barrier between the proposed development and the roadway. Under no circumstances will parking,retention ponds,or any other development involving natural vegetation be permitted within said area. Limited, appropriate tree surgery or similar limited maintenance required to protect the health of vegetation in this area may be allowed with the approval of the special permit authority which originally authorized the project which included said area or, if no special permit was required,with the approval of a majority of the Planning Board.In Commercial and Industrial Districts,any land within the side and rear lot lines shall have at a minimum a ten (10) foot vegetated buffer, either in its natural state or in accordance with a landscape plan approved by the Design Review Committee,with the recommendation made to the Zoning Board of Appeals or the Planning Board. Said buffer may be waived,as part of a special permit decision, where the special permit granting authority determines that such buffer would be inappropriate for the area and where there is a written agreement to said waiver by the abutting property owner.History:Amended 5-1-2000 ATM,Article 32,approved by Attorney General 8-7-2000. 6