03/28/2012 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS Mashpee Wampanoag Tribe 483 Great Neck Road South Mashpee, MA 02649 V-2012-10 7. The entryway dome of the Subject Property will be 48.2 feet high. 8. The gymnasium roof of the Subject Property will be 40.3 feet high. 9. The maximum building height allowed in an R-3 zoning district is 35 feet. 10. The maximum number of building stories in an R-3 zoning district is 2.5. 11. The back portion of the Subject Property contains a steep slope. It is because of this steep slope that the building has a walk-out basement. It is the steep slope of the property which causes the building to be 3 stories high. 12. The Subject Property contains Pow-wow fields which limit the portion of the property upon which the Petitioner can build. 13. The Subject Property contains ancient burial grounds which limit the portion of the property upon which the Petitioner can build. 14. The proposed building will be the gathering place and governmental center of the Mashpee Wampanoag Tribe. Accordingly, the building must be large enough to accommodate the Tribe's needs. 15. There is existing parking on the Subject Property which will be used for the proposed building. 16. Because the building will be utilizing existing parking and the Subject Property is currently used for governmental purposes, there will be no increase in traffic or need for additional parking in the area. 17. The portion of the entryway dome (hereinafter the "Dome") which exceeds the maximum height limit set forth in the Town of Mashpee Zoning Bylaws consists of unoccupied space. 18. Pursuant to Section 174-31, Footnote 4 of the Town of Mashpee Zoning Bylaws, the height restrictions set forth therein do not apply to, ..."features appurtenant to buildings which are usually carried above roofs and are not used for human occupancy." The Board finds that the Dome falls within this exception. 19. The proposed trees and landscaping will shield the building from the view of all abutters. 20. The Mashpee Fire Department has reviewed the plans for the proposed building and does not have any issues with the design or height thereof. 2