1976-1979-ZBA APPEALS - BLACKBOOK (2)

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TOWN OF MASHPEE BOARD OF APPEALS TOWN HALL, MASHPEE, MASSACHUSETTS 02649 �0. June 23, 1976 Re: Appeal of Gerald J. Umina d/b/a Mashpee Construction Co. , Inc. P.O. Box 492, Mashpee, Massachusetts 02649 r DECISION A petition was duly filed by the petitioner for a variance to Section 7. 4, Land Space regulations as pertains to set-back requirements in an in- dustrial zoned area. Notice was duly given to abutters and owners of land next adjoining the land of abutters. Notice was published in the Falmouth Enterprise, a newspaper of general circulation in the Town of Mashpee, on April 16 and April 23., 1976, a copy of such notice being appended hereto. A public hearing was held on the petition at the Mashpee Town Hall on Wednesday, April 28, 1976 at 8: 00 P.M. at which time the following members of the board were present: Clara L. Keliinui, Samuel Sirkis and Linda Hendricks. The petitioner' s property consists of 91, 821 square feet of undeveloped land with 167. 31 feet frontage and 450 feet in depth being the same property described in Book 2303, Page 129, Barnstable County Registry of Deeds. Property is located on the northerly side of Route 28, approximately seven tenths of a mile west of the Mashpee Rotary Circle. Property is bordered by Wags Road on the easterly side, which serves as access road to adjoin- ing property in the rear. Wags Road was originally located approximately 50 feet east of present location, exiting onto Route 28 at point of severe highway curve. In recog- nition of a potential highway hazard, the Mashpee Planning Board requested petitioner to relocate Wags Road to eliminate safety hazard. Petitioner complied with request. With the required 150 feet set-back from a roadway for property located in an industrial zoned area, petitioner' s buildable land would be substantially decreased, rendering the property inadequate for industrial use. The northeasterly corner of the property has easement property for electric power lines which cannot be built upon. The Appeals Board voted unanimously to grant petitioner a 100 foot variance to set-back from Wags Road. Property fronting on Route 28 will comply with the 150 foot set-back requirement. Granting of this variance is subject to the following conditions: a. The 50 foot set-back from Wags Road must be left wooded or suitably landscaped. b. Parking is not to be permitted within the 50 foot set-back. Page one