10/13/2004 ZONING BOARD OF APPEALS Minutes

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Exhibit F --- taking or by other means(except trade of lands or purchase at full market value), the remainder of the land not acquired shall be treated, in calculating the land space requirements contained in this Article, as though that portion acquired by the town were still included, except that maximum lot coverage may not be more than twice that allowed in the district and minimum front building setback from the new property line shall be twenty-five (25) feet unless a reduced setback is determined to be appropriate by the Planning Board in the case of construction requiring a special permit from the Board or by the Board of Appeals in the case of construction requiring a special permit from that Board or construction not requiring a special permit. Said determination shall be made as part of the special permit. Said determination shall be made as part of the special permit review process to permit said construction, or following the procedures required for a variance where no special permit is required. Before granting approval for such reduced setback,said Boards shall be required to determine that the grant thereof will not adversely affect public health or safety or the use of the land acquired by the town for its intended purposes. These provisions shall not apply where the town has taken or accepted land for roadway or other purposes as the result of a petition or request of the owner(s)of the land. History: Added 5-7-1990 STM Article 24.approved by Attorney General on 11-19-1990. History: Amended 10-5-1998 ATM Article 37.approved by Attorney General on 1-4-1999. §174-29. Use of land required by other uses. The land and yard spaces required for any new building or use shall not include any land or area required by any other building or use to fulfill zoning requirements, nor shall it include any water or wetlands as defined by MOL C. 131,§40. §174-30. Distance between accessory structures. If more than one(1)building(other than a one, two- or three- car garage, a toolshed, a greenhouse or a cabana) may lawfully be placed on any lot in a single or common ownership,the distance between the nearest parts of such buildings shall be not less than twenty (20)feet. §174-31. Land Space Requirements Table. History' Amended 5-8-1989,STM.Article 4. agnroved by Attorney General 8-10-1989. History: Amended 10-7-1991 ATM.Articles 13 and 24.approved by Attorney General 2-3-1992. Town of Mashpee -Land Space Requirements Table 9,10 Minimum Building Setback to Maximum Lot Lines Building Height't71ts Zoning Minimum Lot Minimum Frori ' ' ' ' Rear ' ' Side ' ' (Stories) (feet) Maximum District Size'2(square feet) Lot 20(feet) 19(feet) (feet) of Lot Frontage1,2,13 Coverage 16 (feet) (percent) Residence Districts R-3 40,000 150 40 15 15 2 1/2 35 20 R-5 80,000 150 40 25 25 2 1/2 35 20 Commercial Districts C-1 40,000 200 40 40 20 2 35 20 C-2 40,000 200 75 20' 20 2 35 20 C-1-SV 348,480(8 acres) 600 04 4o5,8 40' 21/2 35 25 C-1-0 40,000 200 40 40 40' 2 1/2 3S 25 Industrial Districts I-1 40,000 1 200 150 50 30 2 35 125 39