09/22/2021 ZONING BOARD OF APPEALS Minutes (2)

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Petitioner, Capewide Construction, Inc. Owner of Record: Tuttle Joint Trust, Timothy E. and Cheryle R. Tuttle, Trustees 41 Mercantile Way, Map 88 Parcel 87 Mashpee, MA 02649 SP-2021-54 The project has been before both Plan Review and Design Review, and has been recommended for approval. The proposed uses that are applied for are expected to be contractor bays, but under the bylaw Section 174-25 G 4 allows for tradesmen shops, plumbing and electrical which qualify as well as contractor bays and is also for wholesale and storage use under Section 174-25 G 6, and the contractor bay under Section 174-25 G 14. These are all uses allowed in the Zoning Bylaw by virtue of a Special Permit issued by the Board. The building conforms to all the required setback criteria, and the uses that are proposed are consistent with other uses that currently operate in the industrial zone and uses which are currently and in the past have been approved by the Zoning Board for buildings of this nature. It's a typical Morton style building on slab and as on the floor plan each proposed unit will have its own bathroom facility. There are also 33 parking spaces including two handicapped spaces and taking into account the possibility that some of the operators are users of the contractor bays will construct some type of office space within the building which has been taken into consideration in terms of the 33 parking spaces when 22 spaces would be the required number of spaces under the bylaw. Under Section 174-24 C Special Permits are authorized provided the Board can determine that the proposed construction and use of the building will not adversely impact public health and safety concerns. He has enumerated those concerns in his written presentation to the Board. He suggested to the Board that the proposal both in terms of the building and the uses are consistent with the applicable provisions of the Zoning Bylaw, and the Board would be well within its right to exercise the appropriate degree of discretion in granting Special Permit relief for the construction and use of the building. GENERAL CRITERIA The subject property located at 41 Mercantile Way is approximately 64,000 plus square feet. There were no abutters present. SPECIAL PERMIT FINDINGS The Board read the Conservation Department comments with no issues. The Board of Health comments and the commercial property requirements dated September 22, 2021 were read into the record. The Board also read the Plan Review recommendations dated August 17, 2021 into the record. 2