5/25/2016 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MAY 25, 2016 MINUTES Mr. Furbush read the Board of Health, Inspection Department and Conservation Comments into the record. The Board had a discussion for the record stating that the lot size for current day standards in an R-5 zone is 80,000 square feet. Mr. Costa thought the lot size was 60,000 and didn't realize the lot size had changed since 1987. The actual lot size is 26,387. Mr. Bonvie made a motion to issue a Variance in the amount of 8.5 ft. on the side yard which is 25 ft. minus 16.5 ft., and the amount of 53,613 square feet in the actual area of the lot. Also, based on the following conditions; The Board has determined that the applicant meets all the conditions of a Variance under Mass General Law 40A Section 10. A Site Plan: Owner of Record: Denise A. Dorado, 154 Wheeler Road in Mashpee, MA. Applicant: Denise A. Dorado, 154 Wheeler Road, Mashpee, MA. Project: Site Plan 154 Wheeler Road in Mashpee, MA. Sheet No.: 1 of 1, Dated: 3/2/16, DWG File: Wheeler 154, Scale: As Noted, Approved by: CC, Checked by: MC, Drawn by: WD, Prepared by: Cape & Islands Engineering, Summerfield Park, 800 Falmouth Road, Suite 301C, Mashpee, MA 02649, Drawing Title: Site Design Plan, Assessors Information: Parcel ID 49-7-0. Revision date 5/26/16 Added Proposed Lot Coverage Calculations by: MC and APPR'MC. Signed by Matthew C. Costa No. 52282 Professional Land Surveyor. Mr. Gould, seconded. Mr. Furbush, yes, Mr. Blaisdell, yes, Mr. Goldstein, yes, Mr. Bonvie, yes, and Mr. Gould yes. All were in favor of a Variance for the deck structure. Mr. Costa provided a revised plot plan the next business day which Chairman Furbush signed and dated. OTHER BUSINESS Mashpee Commons: To discuss the Tesla Company requesting to occupy the retail space at i 1 Central Square (Building 8) in Mashpee Commons. The Board to determine if full Zoning Board hearing is required for the "use" of the retail space. Attorney Mike Ford represented Mashpee Commons. Also present was Tom Feronti and John Renz of Mashpee Commons. Mr. Ford stated that for the last 12 years, the space has been occupied as retail for the sale of merchandise. The property has the benefit of a number of permits, the most important dating back in 1973 when a commercial variance was issued for this property to allow for a shopping center at the time was zoned residential. Attorney Ford said the operative permit for the purpose of this discussion is the 1986 special permit. Under this special permit, three phases were authorized and consisted of retail, restaurant, theater, residential, and office use. There have been an excess of 40 decisions issued by the Zoning Board of Appeals and were modified under this special permit. Attorney Ford mentioned that Condition #5 of the 1986 special permit specially requires that when a new building permit is issued for any new buildings or construction that has been authorized, not only requires design/review but also approval by Board of Appeals.