11/10/2010 ZONING BOARD OF APPEALS Minutes

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CLARK, BALBONI & GILDEA 72 Main Street,Bridgewater,MIA 02324 Tel. 508.697.6211 Fax 508.697.8511 ,ARK C.GILDEA LAW OFFICE P.C. CAPE COD OFFICE MARK C.GILDEA** 33 Great Neck Road South P.O.Box 1769 markgildea@cbglawfirm.com Mashpee,MA 02649 Tel.508.477.5567 JOHN L.KOWALSKI* Fax 508,477,5866 johnkowalski@cbglawfirm.com *MEMBER MASSACHUSETTS BAR ROBERT G.CLARK,JR.(1923-1976)**MEMBER MASSACHUSETTS&RHODE ISLAND BARS FREDERICK H.BALBONI(1939-1996) Of Counsel: ROBERT G.CLARK,III Reply To Bridgewater RICHARD M.CLARK June 4, 2010 Richard Stevens, Building Commissioner, Town of Mashpee 16 Great Neck Road North Mashpee, MA 02649 Re: 12 Brookside Circle,Mashpee Request for Zoning-Opinion Dear Mr. Stevens: Our office represents Jamie Regan, an immediate abutter to land addressed as 12 Brookside Circle,Mashpee. On behalf of Mr. Regan we hereby request a determination relative to the location of any proposed dwelling at 12 Brookside Circle relative to the street. As you are aware, this site is part of a cluster subdivision originally authorized by the Planning Board on 7/18/84, and by the Mashpee Zoning Board of Appeals under their case#SP- 84-5-023 on 6/21/84. The lot in question is located on a cul de sac. The approved plan, recorded at Plan Book 392 page 24 and 25 of the Barnstable Registry of Deeds, shows the site as Lot 247. Superimposed on the lot is a short dashed line labeled "BL"; i.e.,the "Building Line". The 5/7/84 Town Zoning Bylaw,which was in force at the time of the project approval, required, at section 9.42(4) that each lot have a minimum of 75' of frontage which, for lots on cul de sacs could,under footnote 1 of section 7.4, could be measured at the front yard setback line if the street was curved,provided the actual frontage at the street was not less than 60'. For the subject lot, the actual frontage was 71.29'based on the plans. The applicable front yard setback was 30'. At the front yard setback line the lot exceeded 75' in width. However, section 9.42(5) also required that "The minimum width at the building line shall be not less than 100'." Further, section 9.42(8)required that dwellings in Cluster Developments be set back from the street not less than thirty(30) feet (emphasis added).