08/27/2014 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A MINOR MODIFICATION - SPECIAL PERMIT (SP-86-04-024) Mashpee Commons LP 38 Than Ellis Highway(Map 74 Parcel 20) Building 3 Mashpee, MA 02649 SP-2014-42 The other issue was to determine if the changes were a major or minor modification. Mashpee Commons' Attorney, and Town Counsel had a discussion and Mr. Blaisdell stated he addressed this issue with Town Counsel who questioned if this hearing was public. It was advertised as a public hearing and therefore the opinion is the 250 square feet is de minimis compared to the 356,643 square feet of the total structures covered under Mashpee Commons Special Permit. If there is a request for the Board by Mashpee Commons to put the new enclosure on the building, it would require Mashpee Commons to reduce one of the other buildings 250 square feet and to file a separate application. Mr. Feronti stated there is a square footage table in the application and indicates the 250 square foot reduction of a future building.The 356,643 square feet is the parameter of the special permit and does not change.Although they added a little more to one building there's no increase to the 356,643 square feet, and remains constant. Mr. Mendoza,Building Commissioner asked if they addressed the discussion about the light post and handicapped parking. He also inquired about the egress and emergency lighting systems. Mr. Feronti stated the light will be moved a little more to the west so that it maintains the clearance past the gate, and the same for the parking space. Mr. Feronti stated there is an exit sign above the door and the egress pathways will be illuminated. In view of the foregoing, the Board determined that the Petitioner met the criteria for a Special Permit. Upon motion duly made and seconded,the Zoning Board of Appeals voted unanimously at the Public Hearings on September 10, 2014 to grant a Mashpee Commons Limited Partnership minor modifications under Special Permit SP-86-04-024 to address actual built conditions, relocate certain square footage of building space and location of parking areas, and previously approved residential units as permitted on property located in a C-1 Zoning District, at 38 Nathan Ellis Highway, Building 3, (Map 74 Parcel 20), Mashpee, MA. The Board conditioned this motion that Mashpee Commons move the existing lamp post approximately 2 feet on North Street, and also moving the existing handicapped sign posted on the cement to the front of the actual handicapped parking space. Referencing a site plan titled; Mashpee Commons Building 3, Proposed Improvements Greene Street, Mashpee, Massachusetts, developed by Horsley Witten Group, Inc., 90 Route 6A, Sandwich, MA, prepared for Mashpee Commons Limited Partnership, PO Box 1530 Mashpee, MA. Revisions: 7/31/14 Revise existing grades, 9/5/14 Clarity revisions, sprinkler location. Project number: 14026, Sheet 2 of 3, Sheet C-2. d 3