6/8/2016 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Cotuit Solar, LLC 29 & 33 Trinity Place (Map 62 Parcel 68B) Mashpee, MA 02649 V-2016-29 Mr. Bonvie read comments into the record submitted by Charlie Rowley,Engineer representing the Town regarding his inspections of the site, drainage, and road construction. Mr. Goldstein read comments into the record from the Board of Health. "No comments necessary". Mr. Blaisdell read comments into the record from the Town Planner regarding the time limit for the road construction. Mr. Furbush read comments from the Inspection Department into the record. There were no abutters present. The Board reviewed the drawing submitted with the current variance application by Mr. Geyser and confirmed that the height of the building was not approved by the Zoning Board of Appeals. Attorney Kirrane said that Mr. Geyser is only seeking what was previously approved. The Board had a discussion regarding the 60-day condition to apply for the building permits that were listed in the Special Permit issued back in 2014 that is still valid to this date. However,an application might be required for the Special Permit due to this condition unless the Planning Board agrees to approve the Building Department to move forward. Mr. Furbush read the comments submitted by the Fire Department into the record. In view of the foregoing, the Board determined the Petitioner met the criteria for a Variance. Upon motion duly made and seconded at the Public Hearings on Wednesday, June.8, 2016, the Zoning Board of Appeals voted unanimously to issue Cotuit Solar LLC, at 29 & 33 Trinity Place a Variance with the following conditions: • Warehouse Building: There is a required front yard setback of 75 feet,the applicant is supplying 24 feet, therefore requesting a variance of 51 feet. On the rear or the westerly side of the building, there is a requirement of 50 feet, the applicant is supplying 38 feet, therefore requesting a variance of 12 feet. • Office Building: The front yard setback is 75 feet, the plan depicts 55 feet, and relief requested is in the amount of 20 feet. The westerly or rear yard setback is required to be 50 feet, the plan depicts 24.5 feet, and relief requested is 25.5 feet. 2