08/11/2010 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MINUTES • AUGUST 11, 2010 Mr. Blaisdell made a motion to grant a Variance of five feet from the side setback requirements. The Board determined that there is no need for a Variance from the rear setback requirements. The Decision is conditioned upon compliance with the following: • During construction of the project, no materials of any kind shall be stored on or close to the lot line referred to on the plan as South 70' 48'48" East for a distance of 172.76 feet. • Excavation shall be kept away from the side of the property referred to on the plan as South 70° 48'48" East. • No decking in association with the pool is allowed. • Yankee Land Survey Co. Inc. plan entitled "Plot Plan of Land Located at: 16 Driftwood Circle Mashpee, MA Prepared For: One Pointe July 14, 2010 Rev: August 6, 2010" signed on 8-10-10 by Stephen J. Doyle Registered Professional Land Surveyor. Findings: the irregular shape of the subject property. Mr. Nelson seconded the motion. Mr. Blaisdell voted in favor. Mr. Reiffarth voted in favor. Mr. Hinden voted in favor. Mr. Bonvie voted in favor. Affordable Housing Association of New England: Requests a Finding of Fact under Section 174-17 of the Zoning By-laws to allow for a year-round motel .with nine of nineteen units to be used for occupants staying for intervals greater than thirty days on property located in an R-5 zoning district at 66-72 Main Street (Map 47 Parcel 59) Mashpee, MA. Continued from June 9, and July 14, 2010 Public Hearings. • Sitting: Board Members Robert G. Nelson, Jonathan Furbush, William A. Blaisdell and James Reiffarth, and Associate Board Member Peter R. Hinden. Attorney Robert F. Mills and Mr. Peter White represented the Petition. Attorney Mills reiterated that the Petitioner is seeking a Finding of Fact and asked the Board to find that . the proposed change is not substantially more detrimental than the existing use, that there is sufficient parking and that the setbacks are appropriate as required. Attorney Mills said that he researched Town documents in an attempt to address the Board's issues expressed at the previous meeting on July 14, 2010. 1. The last deed of record on an abutting parcel was in 1894 and was assessed in 2603 to the heirs of Oaks and Coombs. The Petitioner was not able to obtain an easement because the heirs have not been located. 2. The Petitioner was unable to obtain an easement from 78 Main Street because the owner, Nivaas Corporation, is unwilling to grant it. The Petitioner only has permission from the Nivaas Corporation to drive across the property at 78 Main Street. 3. The dumpster.is located 50 feet away from the building. 4. The Petitioner's opinion is that there is adequate Fire Department access. • Attorney Mills submitted a copy of the parking plan and said that he didn't obtain a stamped engineered plan because he is working.within a tight budget State law requires handicap parking spaces, which are not provided for on that plan. 4