Laserfiche WebLink
Town of Mashpee <br /> 16 Great Neck Road North <br /> „µ Mashpee, MA 02649 <br /> MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A VARIANCE <br /> V-2022-20 <br /> Owners, John S. Kelley and Bk#: 23224 <br /> Carol D. Kelley Page#: 72 <br /> 174 Captains Row <br /> (Map 96 Parcel 30) <br /> Mashpee,MA 02649 <br /> A Petition was filed on April 22,2022 by Owners, John S.Kelley and Carol D.Kelley requesting <br /> a Variance under §174-33 (Setbacks from wetlands) of the Zoning Bylaws to allow for <br /> construction of an in-ground pool on property located in an R-3 Zoning District,at 174 Captains <br /> Row, Map 96 Parcel 30, Mashpee, MA. <br /> Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. <br /> Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation <br /> in the Town of Mashpee, on May 6, 2022 and May 13, 2022 a copy of which is attached hereto <br /> and made a part hereof. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of <br /> Massachusetts General Laws Chapter 40A §10 and the Town of Mashpee Zoning By-laws. <br /> Public Hearings were held on the Petition at the Mashpee Town Hail on Wednesday, May 25, <br /> 2022 at which time the following members of the Board of Appeals were present and acting <br /> throughout; Chairman, Jonathan Furbush, Board Members, Scott Goldstein, Norman J. Gould, <br /> and Associate Members George Ganzenmuller, and Robert Caggiano. <br /> Attorney Chris Kirrane represented the applicants. Also present was a representative with Cape <br /> and Islands Engineering. The applicants are looking for relief of a modest size in-ground pool <br /> that will be at the rear of the property. The project has been approved by the Conservation <br /> Commission with a substantial amount of mitigation. The area where the pool will be situated <br /> currently has lawn and existing hardscape that is close to the Mashpee River. The existing <br /> dwelling and structures are currently within the 50 ft. buffer. The shape of the lot is narrow by <br /> the road than it is by the Mashpee River, and there are topographical issues considering the <br /> wetland resource areas. There's a coastal bank, a beach and the river. There is no derogation on <br /> the intent of the bylaw because Conservation has approved the project, and there is already <br /> substantial encroachment into the 50 ft.buffer. The Variance request would be for 50 ft. from the <br /> wetlands. <br /> 1 <br />