10/13/2010 ZONING BOARD OF APPEALS Minutes

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Petitioner: First Citizens Federal Credit Union Owner of record: Mashpee Commons Limited Partnership V-10-40 Commission draft Decision on this proposal is scheduled for Cape Cod Commission review and approval at its November 1,2010 meeting. The subject property meets the C-1 Zoning District requirement of 40,000 square feet of land and the required 200 feet of frontage along Job's Fishing Road. This long,narrow parcel of land has two frontages,requiring a 40-foot setback from Job's Fishing Road, a 75-foot setback from Route 28 and two 40-foot rear setbacks. There is also a required 50-foot vegetated buffer zone along Route 28 and a 10-foot vegetated buffer zone around the remainder of the parcel. Attorney Kirrane stated that the sloping topography and rectangular shape of the parcel restrict location of the building. The parcel drops approximately 50 feet in elevation from the southwesterly corner to the southeasterly corner. Attorney Kirrane said that the cost to move the proposal in a southwesterly direction in order to comply with the setback requirements would be prohibitive, creating a further hardship for the Petitioner. The local Comprehensive Plan,the Regional Policy Plan and local By-laws restrict location of the parking to the rear and side of buildings, creating further need for Variance relief. The Board stated that it did not feel that the Petitioner had established the criteria necessary for grant of a Variance from the accessway requirements. After a lengthy discussion concerning parking, drainage,traffic flow and disturbance of the buffer zones,the Petitioner and engineers agreed to make modifications to the proposal. The Board voted to continue the Petition until October 27, 2010 to allow the Petitioner an opportunity to submit revised plans to the Board. At the continued Public Hearings on October 27, 2010,Attorney Kevin M.Kirrane represented the Petitioner. The revised engineering plan has addressed the Board's concerns as well as the issues raised by Engineer Charles L. Rowley in his site review letter dated October 26, 2010. Revisions include reduction of the proposed width of the drive, elimination of the proposed retaining wall from the southwesterly corner of the site and installation of swales to address runoff issues. Since the driveway now conforms to Zoning By-law requirements,the project will no longer require Variance relief from Section 174-31 footnote 14 or Section 174-40 of the By-laws. Attorney Kirrane clarified that the proposal now only requires Variance relief from the setback requirements from Job's Fishing Road and a Variance to allow encroachment into the buffer zone in order to accommodate the drainage treatment and relocation of the overflow reserve pit. Detailed landscape plans were delivered to the ZBA office on October 25,2010,prior to the revised October 27,2010 engineered plans. Attorney Kirrane assured the Board that the landscaping will be consistent with the revised engineering plans. No comments were received from abutters. GENERAL FINDINGS: The subject property is located at 71 Jobs Fishing Road and consists of 1.100 acres of land. VARIANCE CRITERIA: Chapter 40A: Section 10. The permit granting authority shall have the power after public hearing for which notice has been given by publication and posting to grant upon Petition with respect to particular land or structures a Variance from the terms of the applicable zoning ordinance or by-law where such 2