11/13/2013 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Mashpee Economic Development & Industrial Corporation 117 Industrial Drive Extension(Map 88 Parcel 29) Mashpee, MA 02649 SP-2013-55 Mr. Reiffarth read a memorandum addressed to the Zoning Board of Appeals submitted by Catherine Laurent, Director of Department of Public Works, dated October 24, 2013. "With regard to the above application, I recommend that the entrance into the property from Industrial Drive be curbed (instead of the Cape Cod berm proposed). Also, please be advised that Industrial Drive is on the Town's list of roads that will not be plowed this winter unless repairs are made to the drainage(sinkholes). Industrial Drive is a private road; the property owners are responsible for maintenance of the road. This is the second time in the last few years that Industrial Drive has been placed on the list." The Board supports this recommendation and it will be documented as part of the decision. An abutter that resides at 85 Great Pines Drive was present and stated his concerns with vehicles running prior to the start of business and hours of operation. General Finding: The subject property located at 117 Industrial Drive is approximately 121,334 square feet. The premises are primarily located in an I-1 Industrial Zoning District with a 100 foot wide strip at the rear of the premises consisting of 30,000 square feet+/-, fronting on Great Hay Road,being located in an R-3 Residential Zone. Pursuant to Section 174-11 of the Town of Mashpee Zoning By-law, the portion of the lot in the R-3 Zone does not meet the 40,000 square foot minimum lot size requirement for that zoning district and such portion is therefore considered to be governed by the I-1 Zoning applicable to the remainder of the lot. Specific Finding: §174-25 (F) (3) Table of Use Regulations: Principal automotive serve and open- air drive-in retail service. Automobile repair shops,provided that work is carried out with in the building. History: Amended 5-3-2004 ATM Article,12,approved by Attorney General 8-23- 2004. Conclusion: In view of the foregoing, the Board determined the Petitioner met the criteria for a Special Permit. Upon motion duly made and seconded at the Public Hearings on Wednesday, January 8, 2014, the Zoning Board of Appeals voted unanimously to grant a Special Permit to allow for the proposal and contingent upon the Department of Public Works requesting the entrance to 117 Industrial Drive be curbed rather than a Cape Cod berm. Also referencing a plan dated October 7, 2013, entitled; Site Plan prepared for Preventative Maintenance for Lot 29, #117 Industrial Drive, Mashpee, MA. Scale: 1" _ 30', by Holmes and McGrath, Inc. Civil Engineers and Land Surveyors, 205 Worcester Court, Ste. A4, Falmouth,MA, drawn: LAC, checked: TMS, Job No: 213144, DWG.No.: 88-3-22, Sheet 1 of 6. 3