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 express concerns with the proposed building. In addition, the proposed trees and landscaping will block the abutters' view of the building. Finally, because the building will be utilizing existing parking, and because the Subject Property is.currently used for governmental purposes, there will be no increase in traffic or need for additional parking in the area. Accordingly, the Board finds that a grant of the requested Variances will not cause substantial detriment to,the Town or the abutters and will not substantially derogate from the intent or purpose of the Bylaws. In view of the foregoing, the Board hereby concludes that the Petitioner has met its burden of proof and is entitled to the requested Variance relief. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously at the Public Hearing on March 28, 2012 to GRANT the Petitioner's request for a Variance from Section 174-31 of the Zoning Bylaws to vary the building height requirements by 5 +/- feet and to vary the story requirements to allow for a 3-story building on the Subject Property, with the following conditions: 1. The Dome shall not be used for any purpose which requires human occupancy. The Dome shall remain vacant at all times. 2. Approval by the Fire Department of the final proposed building design. 3. The Petitioner shall address all of the Board's peer review consultant's concerns as set forth in his March 24, and March 26, 2012 correspondence to the Board. All such concerns shall be fully addressed by the Petitioner and submitted along with a revised plan within 20 days of the filing of this Decision with the Town Clerk. 4