10/09/2013 ZONING BOARD OF APPEALS Decision

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SMOLAK & VAUGHAN LLP August 30, 2013 set off Amos Circle in the vicinity of an existing septic field (to be abandoned). The proposed accessory structure will be consistent with the architectural style of the 49 existing residential buildings and otherwise will be located adjacent to a leaching field associated with those properties off Amos Drive. Under Section 174-24(C)(9)(a), the Board, as the special permit granting authority, is authorized to approve minor changes provided the changes do not violate the terms of the zoning that applied to the grant of the special permit 3; do not violate the terms or conditions of the special permit and do not create a hazard or nuisance condition. The proposed accessory structure to house the pumps and blowers of the residential project's wastewater treatment qualifies as an accessory use to support the primary permitted uses of multi-family dwelling and single family houses. Similarly, the proposed accessory structure does not violate the terms or conditions of the 1974 Special Permit. Lastly, and perhaps most importantly, the proposed accessory structure is part of a treatment facility that will ameliorate the treatment of wastewater, benefitting not only the Mashpee Village community but the entire Mashpee community as a whole. Conclusion In accordance with the Board's authority to approve minor modifications to amend existing Special Permit approval for existing projects, as set out in Section 174- 24(C)(9)(a) of the Zoning Bylaw, we respectfully request the Board approve a minor plan change which includes the placement of a single accessory building in the vicinity of existing leaching fields, off Amos Circle. The accessory building supports the principal use of the locus, will serve to increase environmental protection for both the development as well as the Town's protection of drinking water supplies and otherwise will be designed to blend into the existing landscape, consistent with the architectural style of the existing dwellings on the locus. Sincerely, Stepeanie A. Kiefer Encl. Cc: James Perrine, TCB Mashpee Village 3 In fact,under the present Bylaw, Section 174-46(b)(4)expressly recognizes,"buildings and uses ordinarily incidental to the construction,operation and maintenance of a planned residential community [include],such as buildings for the maintenance and administration..and for the storage of equipment and supplies... sewage collection,treatment and disposal..." f nnn"41A...t 1