05/22/2013 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR WITHDRAWAL WITHOUT PREJUDICE V-2013-13 Cotuit Solar is requesting the following relief dimensions on the property: -22 foot variance from the rear lot line -15 foot variance on the right side -40 foot variance on the front They are not requesting a left side variance and the proposed lot coverage is 8.7%. Mr. Aucoin stated they are currently working with Tom Fudala and the Planning Board regarding sub-division approval because of the proposed road extension profile and drainage. They will also be resubmitting plans to the fire department regarding the proposed paved parking for the existing building. Mr. Blaisdell commented according to the current by-laws, it states that no building in a C-2 may be located within 75 feet of Rte. 28 or 151 or Great Neck Road North or South or Rte. 130. He asked if Cotuit Solar is looking for relief on those roads. Michael Aucoin stated they are not looking for relief on any of those roads. Mr. Furbush stated this project needs to be reviewed in detail by other Boards prior to returning to the Zoning Board as well as the Town Engineer. Mr. Blaisdell stated they will also be consulting with Town Counsel. At the Petitioner's request, the Board continued the hearing until the Public Hearings on Wednesday, June 26, 2013. On June 20, 2013, Cotuit Solar submitted a formal signed letter requesting a 60- day extension to complete their drainage, roadway, landscaping, and lighting plans for the Planning and Design Boards. At the Public Hearings dated June 26, 2013, the Board voted unanimously to accept Cotuit Solar's 60-day request for extension and continued until the Public Hearings on Wednesday, July 24, 2013. On July 19, 2013, a letter was submitted to the Zoning Board of Appeals to withdraw their application for a Variance for 36 Savannas Path, Mashpee, MA without prejudice to complete their "required subdivision modification process with the Planning Board." At the Public Hearings on Wednesday, July 24, 2013 the following Board Members were present: Chairman, Jonathan D. Furbush, Vice Chairman, Williams A. Blaisdell, Clerk, Ronald S. Bonvie, and Board Members James Reiffarth, John M. Dorsey, Associate Members Domingo K. DeBarros and Richard J. Jodka were present. Also present was Richard E. Morgan, Building Commissioner. In view of the foregoing, the Board voted unanimously to accept the Petitioner's request to withdraw without prejudice of the petition for a Variance. 2