04/24/2013 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS David M.Ferris&Ana S.Ferris 36 Seconsett Point Road(Map 124 Parcel 38) FINDING-2013-10 width, the first one hundred (100) feet of the front setback area shall be left wooded and in its natural state. Where such area is not naturally wooded, it shall be suitable landscaped with a sufficient number of trees or a type common in Mashpee to constitute a visual barrier between the proposed development and the roadway. Under no circumstances will parking, retention ponds or any other development involving clearance of natural vegetation be permitted within said area. Nothing herein is intended to prohibit appropriate tree surgery or similar maintenance of vegetation in this buffer area. 16 Any water or wetland, as defined under MGL C.131, §40, any existing or proposed street or any roadway, right-of-way or easement twenty (20) feet or more in width may not be counted toward lot size for the purpose of calculating maximum lot coverage. For lots in any cluster subdivision,maximum lot coverage shall be thirty(30)percent. History: Added 10-7-1991 ATM,Article 24,approved by Attorney General 2-3-1992. History:Amended 10-7-1996,ATM Article 28,approved by Attorney General 12-9-1996. 17 Except as otherwise allowed under§174-46,Open space incentive development. History: Added 10-7-1991 ATM,Article 24,approved by Attorney General on 2-3-1992. 18 Maximum height within the Popponesset Overly District shall be thirty(30)feet,subject to the provisions of Footnote 4 of this table. Minimum lot size shall be 6000 square feet, minimum frontage sixty(60)feet, minimum building setbacks 25 feet front, 15 feet rear and 15 feet side and maximum of lot coverage twenty (20)percent. History:Added 5-3-1993 ATM,Article 12,approved by Attorney General 7-19-1993. History: Amended 5-6-1997,ATM,Article 46,approved by Attorney General 9-25-1997. 19 These setback requirements shall not apply to the following building projections provided they do not exceed the sizes specified, as measured from the foundation line along a line perpendicular to the nearest property line: chimney projecting no more than three (3) feet, house overhang projecting no more than two (2) feet,roof overhang projecting no more than three and one-half(3 1/2)feet, and open decks or platforms used for egress projecting no more than four(4) feet. These setback requirements shall also not apply to stairs required as a means of egress, basement bulkhead of the hatch door type or handicapped access ramps on private property used solely for the purpose of facilitating ingress or egress of a physically handicapped person, as defined in MGL C.22,§13A. History: Added 10-4-1993 ATM,Article 26,approved by Attorney General 10-18-1993. 20 Minimum front building setback within the Mashpee Overlay District shall be twenty(20) feet and maximum allowed building setback for the principal structure on a lot shall be forty(40)feet. Except as required by§174-25.1. History: Added 10-4-1999 ATM,Article 29,approved by Attorney General 1-11-2000. History: Amended 10-7-2002 ATM,Article 22,approved by Attorney General 11-27-2002 21 Except that hotels and motels (and not other uses) approved by the Planning Board under the provisions of§174-45 may be increased to three(3)stories and forty five(45)feet,if approved by the Board,provided that there is adequate access for Fire Department vehicles and equipment and that all Fire Protection Construction Documents required by 780 CMR Subsection 903.1.1 of the Massachusetts State Building Code, have been submitted to the Planning Board and Fire Department as part of the special permit application and the Board is satisfied that the standards of said Subsection will be met. History: Amended 10-18-2004 ATM,Article 40,approved by Attorney General 12-16-2004 22 Minimum front building setback within the Mashpee Center Overlay District shall be twenty (20) feet and maximum allowed building setback for the principal structure on a lot shall be forty (40)feet. History: Added 10-17-2005 ATM,Article 18,approved by Attorney General 3-7-2006 5