1. Petition forms for Appeals, Special Permits and Variances are available in the ZBA office with extra copies in the Building Department.
2. Petition forms are to be completed in full and three copies filed and stamped in the office of the Town Clerk.
3. Each Petition must be accompanied by a filing fee payable by check to the Town of Mashpee.
Filing Fee:
$125 for residential applications.
$250 for commercial applications.
4. Each Petition form must be accompanied by three sets of plans. Each plan must have the original signature of the Registered Engineer, Land Surveyor or Architect who prepared the plans and must include:
a. scale:
minimum scale of 1" = 40' for engineering plans.
minimum scale of 1/4" = 1' for architectural plans.
b. the dimensions of the land.
c. the exact location of all existing and/or proposed buildings on the land, including decks.
d. drainage, utilities including septic plans and paved surfaces.
e. all setback distances of the structures from the street, lot lines, wetlands, water body or watercourse with proper identification.
f. calculation of percentage of lot coverage of present and proposed structures.
g. parking spaces, aisle dimensions, and flow of traffic noted by arrows, should be included on all commercial Applications.
h. zoning and current uses of the site and adjacent properties.
i. photos of the existing structures and those of the abutters should be submitted with Applications on expansion of non-conforming structures (Section 174-17).
j. the Board will consider a waiver of the plan requirement in cases of hardship.
5. Appeal, Special Permit and Variance Petition forms must include a written confirmation from the Town Treasurer that all taxes have been paid.
ABUTTERS' LISTS
Massachusetts General Laws Chapter 40A, Section 11, requires that abutters and abutters to the abutters within 300 feet of the property line be notified by mail of the Public Hearing on all Applications.
The Petitioner is not responsible for the preparation of the Mashpee abutters' list. The Assessor's office will certify the list and the Zoning Board of Appeals will process the mailing. A charge of $2.00 per abutter name will be billed to the Petitioner for computer time, postage, supplies and processing costs. Petitioners are advised to review their proposed plans with their immediate neighbors prior to the Public Hearing.
PUBLIC HEARINGS
A Public Hearing will be scheduled within 65 days from the date that the Petition form is filed with the Town Clerk. The Zoning Board of Appeals normally meets on the second and fourth Wednesday of the month at 7:00 P.M. at the Mashpee Town Hall. The Petitioner or his Agent should be present at the hearing.
ZONING BY-LAWS
All Petition forms must include reference to the Section of the Zoning By-laws that allows an Appeal, Special Permit or a Variance. Copies of the By-laws may be purchased for $25 in the Town Clerk's office.
DECISIONS
A copy of favorable Decisions of the Zoning Board of Appeals, certified by the Town Clerk that there has been no appeal twenty days after the Decision was filed, must be recorded at the Registry of Deeds before a Building Permit will be issued. It is the responsibility of the Petitioner to record a certified copy of the Decision at the Barnstable County Registry of Deeds.
ZONING ENFORCEMENT OFFICER
The Building Commissioner is the Zoning Enforcement Officer for the Town of Mashpee. Petitioners may consult with him on questions of need for Special Permits or Variances.
APPEAL OF THE DECISION OF THE BUILDING COMMISSIONER
An Appeal of the Decision of the Building Commissioner must be filed with the Town Clerk within thirty (30) days from the date of the Decision or order being appealed. The reasons and grounds for the Appeal should be specified in the Notice of Appeal. The Town Clerk shall transmit such Notice of Appeal to the Zoning Board of Appeals so that a hearing can be scheduled. The Petition must be filed on a Notice of Appeal form available in the Building Department or the ZBA office.
CHAPTER 593 OF THE ACTS OF 1989
The Mashpee Zoning Board of Appeals has adopted the provisions of Chapter 593 of the Acts of 1989 relative to the Establishment of Special Accounts for consultant fees.
DESIGN REVIEW COMMITTEE
A Design Review Committee was established under Section 174-48 of the Zoning By-laws to advise the Building Commissioner, Planning Board and Zoning Board of Appeals on matters of architectural and design concern in the review of Petitions for Special Permits and Sign Permits on commercial property. Meetings are scheduled by the Building Department.
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