05/12/2010 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes Board of Appeals May 12, 2010 feet. Although the proposed building has been reduced in size, it still does not conform • to the rear setback requirements. The proposal will not exceed the 20% lot coverage requirement. Mr. Slavinsky started to explain the proposed installation and number of parking spaces. Mr. Nelson said that the parking issue lies within the jurisdiction of the Planning Board; not within the jurisdiction of the ZBA. Mr. Bonvie asked if the Petitioner had presented his proposal at a site review meeting yet. Mr. Scott Jones, who plans to purchase and develop the subject property, said that he attended an informal site review meeting for the purpose of fact finding in preparation for his presentation. Mr. Jones was accompanied by Attorney Daniel Creedon and Realtor Kevin Pepe. Mr. Bonvie asked if any comments or suggestions were made at that time. Mr. Jones said that the only comments came from the Fire Department regarding emergency vehicle access. Mr. Nelson quoted the findings of the Decision in the Variance granted by the ZBA in 2007. The Variance (V-07-20) reads: "VARIANCE CRITERIA Section 10 of Chapter 40A requires that the permit granting authority determine that there are circumstances relating to the shape and topography which affect this lot and not the district in which it is located and that a literal enforcement of the By-laws would involve hardship to the petitioner. • SPECIFIC FINDINGS 1. that relief may be granted without detriment to the public good. 2. that relief may be granted without derogating from the intent or purpose of the By-laws. 3. that there are circumstances relating to the shape and topography that affect the subject property and not the district in which it is located. 4. the subject lot is a corner lot. " • Mr. Nelson said that he did not see any change in the circumstances since that Variance was granted. He asked the Board to render a Decision only on the request for a Variance. Mr. Nelson asked the Board for their comments. Mr. Furbush asked what percentage of the proposal is industrial and what percentage is office space. Mr. Slavinsky offered a brief clarification. Mr. Nelson asked for comments from abutters. No comments were received. Mr. Reiffarth made a motion to grant a Variance of 19.9 feet from the rear setback requirements on the northerly side of the building. This Decision is conditioned upon compliance with Cape & Islands Engineering plan entitled: `Building No. 64 Industrial Drive, Proposed Site Plan Located in Mashpee, Mass. Prepared for Scott Jones. Date: Apr. 16, 2010, File: 205MA, Revd. May 10, 2010 Remove Parking Spaces." Mr. Nelson seconded the motion. All were in favor. E