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MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A VARIANCE <br /> Petitioner, Joseph Boncaldo <br /> Owner of Record: Francesco Boncaldo <br /> 165 Uncle Percys Road (Map 117 Parcel 370) <br /> Mashpee, MA 02649 <br /> V-2021-66 <br /> There were no more comments from the Board. <br /> GENERAL CRITERIA <br /> The subject property located at 165 Uncle Percys Road is approximately 29,658 square <br /> feet, and 11,930 square feet of upland area. <br /> There were no abutters present. <br /> SPECIFIC SETBACK CRITIERA <br /> §174-33 — Setback from water and wetlands: Any building or structure, exclusive of <br /> fixed or floating piers, wharves, docks, bridges or boardwalks, shall be set back at least <br /> (50') feet from any water or wetland as defined by MGL C. 131, §40. <br /> SPECIFIC FINDINGS <br /> In view of the foregoing,the Board determined the Petitioner met the criteria for relief from <br /> the wetlands.Upon motion duly made and seconded at the Public Hearings on Wednesday, <br /> December 8, 2021,the Zoning Board of Appeals voted unanimously to issue a Variance to <br /> Joseph Boncaldo under §174-33 (Setback from water and wetlands) at 165 Uncle Percys <br /> Road. The relief sought is in the amount of 40 ft., 50 ft. from the wetlands is required and <br /> depicted on the plan as 10 ft., thus the relief sought and obtained is 40 ft., to allow for <br /> reconstruction of a deck on property located in an R-3 Zoning District, Map 117 Parcel <br /> 370,Mashpee,MA(Owner of Record:Francesco Boncaldo)with the following conditions; <br /> 1. The Board has determined that the applicant meets all the conditions of a Variance <br /> under Mass General Law 40A Section 10. <br /> 2. Plot Plan — 165 Uncle Percys Rd, Mashpee, MA. Owner: Francesco Boncaldo, <br /> Scale: 1" — 20', Date: November 4, 2021, Prepared and stamped by: Evanson R. <br /> Browne, PLS No.: 48645. <br /> 3. Conditioned that any changes to the plan will require the applicant to return to the <br /> Zoning Board of Appeals. <br /> 4. Conditioned on the Town Department comments read into the record, and that the <br /> Conservation Commission has issued an order of conditions on this property which <br /> would not negatively impact the decision of this Board. <br /> 2 <br />