3/28/2018 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Mark Bogosian 735 Falmouth Road (Map 81 Parcel 28) Mashpee, MA V-2018-10 Mr. Kirrane said that the building will be a two story structure because the typography of the lot drops significantly from the rear lot line to the street. The rear of the building will be primarily garage space and will be a one story space. The proposal also includes to construct parking on the side and front of the building which the Board has the authority to grant based upon the appropriate section of the bylaw. This project is almost a mirror image of what the Board approved back in 2004. This project requires Special Permit relief not only for construction of the building, but also for the proposed uses. In addition, this project was approved with the Site/Design Review Committee, and with recommended approval by the Zoning Board. Mr. Bonvie commented that Charles Rowley, Consulting Engineer submitted a quote for this project,and the Board made a decision to secure engineering review for these types of commercial projects. GENERAL CRITERIA: The subject property located at is approximately 58,615 square feet, and has 200 feet of frontage along Route 28. Vice Chairman,Bill Blaisdell read the Conservation and Board of Health comments into the record. Associate Member, Sharon Sangeleer read.the Inspection Department comments into the record. Chairman Furbush read comments submitted by Evan Lehrer, Town Planner into the record. There were no abutters present. There were no more comments from the Board. VARIANCE CRITERIA: Chapter 40A: Section 10. Variances: The authority specifically finds that owing to circumstances relating to the soil conditions,shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, 1) a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and that 2) desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or by-law. 2