1/22/1997 ZONING BOARD OF APPEALS Minutes

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Board of Appeals Minutes -January 22, 1997 5, Mashpee Commons Limited Partnershi -Requests a Variance from Section 174-31 of the Zoning By-laws for permission to exceed the 35 foot maximum height limit for Building IIB at Mashpee Commons on property located in a C-1 zoning district at 38 Nathan Ellis Highway(Map 74, Block 20). (Owner of record: Fields Point Ltd. Partnership), Mashpee Commons Limited Partnership -Requests a Special Permit for the construction of Building 11B on Steeple Street as part of the development of Phase III of Mashpee Commons allowed by Special Permit 86-04-024 and Special Permit 87-06-056. The property is located in a C-1 zoning district at 38 Nathan Ellis Highway (Map 74,Block 20). (Owner of record: Fields Point Ltd. Partnership), Members sitting: E. Govoni, C. Hawver, J. Dorgan Mr. Govoni announced that James E. Regan III has stepped down from the Board for this hearing. tsl Douglas Storrs of Mashpee Commons represented the applicant and reviewed the 1986 Special Permit which established the footprint for the buildings and they were required to return to Design Review and the Board with the actual plans. He explained that plans for Building 11B were approved by a 1989 Special Permit and they were now asking for a reduction in the square feet and height levels, The proposed plans are for 13,700 square feet of retail on the first floor and 13,500 square feet on the second floor and a variance to allow 37'2"to top of the parapet. He said they are trying to distinguish between the buildings and wanted a 363"peak on the other side. Mr. Makunas asked if the buildings would be sprinklered and Mr. Storrs replied that they would and that the second floor would be used for residential apartments. He asked Deputy Chief Hamblin if the height was a problem for the Fire Department, Chief Hamblin said the current equipment in Mashpee can only handle 35' heights. He said that both Wood's Hole and Centerville have longer equipment and automatically respond to commercial fires. Mr. Govoni asked about sprinkling and Chief Hamblin said that sprinkling is required. He said he cannot make a determination until he knows the construction. He said that a fully non-combustible building, fully sprinkled makes a big difference. Mr. Storrs said it would be a steel construction and Chief Hamblin asked if it would be certified as non-combustible. Mr. Hauck said it could be non-combustible by design. Mr. Govoni asked if the peak of the buildings could be]sept at 3 5' and then add parapets per footnotes of the by-law. Mr. Govoni noted that the Doe Family Trust had objected to the applications. Mr. Storrs questioned if they were parties of interest. Betty Nichols, a Mashpee resident, asked if the Fire Department can protect a building over 35' and Mr. Govoni said they could not. Peg Harsch, Mashpee resident, stated that she was opposed to the variance, Kay Perry, Mashpee resident, agreed with Ms. Harsch.