07/10/2019 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD APPEALS DECISION FOR A SPECIAL PERMIT Four Square Development LLC 31 Mercantile Way (Map 88 Parcel 88) Mashpee, MA 02649 SP-2019-3 5 Each unit will be equipped with its own bathroom and there will be a tight tank mechanism that will be available so if there are any spills, it will run off into the tight tank. There is a proposed septic system with a buffer around the sight as required under the bylaw. Twenty two parking spaces (22) are required under the bylaw; there are forty (40) spaces being proposed. Attorney Kirrane said he asked for relief from the parking bylaw which calls for trees to be planted within the parking lot, and given the types of uses that may exist, it isn't practical for trees to be planted within this particular parking area. The eight (8) unit building will be the subject matter. of,a set of condominium documents so that the units will be available for sale. As mentioned at the Design and Plan Review meeting,a set of those documents will include a limitation that no mezzanine space can be constructed within the building because it will bring the total square feet of the building over the 10,000 sq. ft. that would result the involvement of the Cape Cod Commission. The application requires a Special Permit as listed under the bylaw Section 25 of the proposed uses that are listed, specifically Special Permit uses for construction of the building as well. The Board should look into public health, safety and general welfare of the community, including water quality, environment, traffic, impacts on abutting properties. The project has been designed so that all run-off will be contained onsite as shown on the plan. This project was presented at the Design and Plan Review Committees and was approved by both. Chairman Furbush would like to ask Charlie Rowley to review this project. Mr. Goldstein also mentioned that the Board usually requests Mr. Rowley. Chairman Furbush read the meeting minutes presented by Dan O'jala, with Down Cape Engineering dated June 4, 2019. Mr. Furbush asked if the proposal included any variance requests. Attorney Kirrane said; no. The Board had a discussion regarding the trees surrounding the property. Attorney Kirrane said that Section M of the bylaw that was included in the petition indicates if the project involves more than ten (10) parking spaces, any parking area should have a minimum of 1:5 landscaping or natural area to paved area unless the permitting authority determines that, due to the shape or configuration of the parking area such landscaping would be impractical. Natural vegetation shall be retained in any such landscaped are to the greatest extent possible. Attorney Kirrane said that he will maintain that buffer around the site. The site has some gravel area. The required number of spaces (22) are paved. 2