10/13/2010 ZONING BOARD OF APPEALS Minutes

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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 permit granting authority specifically finds that owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise,to the petitioner or appellant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or by-law. SPECIFIC FINDINGS: • The long,narrow shape and sloping topography affect the subject parcel and restrict location of the proposed construction; therefore, a literal enforcement of the ordinance or by-law would involve substantial financial hardship to the Petitioner. • The parcel lies adjacent to two streets; therefore, a literal enforcement of the by-law would involve substantial hardship to the Petitioner to conform to two front setback and two rear setback requirements. • The Board determined that the Petitioner met the criteria necessary for grant of a Special Permit under Sections 174-25.1)(1), 174-25.E(4), and 174-25.F(6)to allow for construction of the proposal. The proposed use as a banking/financial facility is a permitted use upon grant of a Special Permit; therefore, desirable relief may be granted without nullifying or substantially derogating from the intent or purpose of the by-law. • The proposed use is a low-impact use that will not generate a large amount of traffic; therefore, desirable relief may be granted without substantial detriment to the public good and will not otherwise be detrimental to the town or the area. • The Petitioner signed a Withdrawal Without Prejudice of the Request for a Variance from Section 174-31 footnote 14 regarding the 50-foot buffer and Section 174-40 regarding the separation requirements between accessways. That document is attached to this Decision. In view of the foregoing,the Mashpee Zoning Board of Appeals found that the Petitioner met the criteria necessary for grant of a Variance. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously on October 27,2010 to grant the following: • A Variance of 26 feet from the front setback requirements from Job's Fishing Road. • A Variance to allow for disturbance of the buffer zone along Route 28 and Job's Fishing Road. The Petitioner will re-vegetate that area. This Decision is conditioned upon compliance with the following: • Review by the Cape Cod Commission. The Petitioner must notify and submit to the ZBA any major changes made to the Cape Cod Commission Decision. • Approval by the Mashpee Board of Health. The Petitioner must notify and submit to the ZBA any changes made by the Board of Health. • Falmouth Engineering plan entitled: "Site Plan and Cross Section for#7 Job's Fishing Road Prepared for First Citizens Federal Credit Union in Mashpee,MA Plan Date: July 23, 2010,Revision Date 8/10/10, 8/16/10, 8/23/10, 10/12/10, 10/21/10, 10/27/10". Falmouth Engineering will submit to the ZBA a revised plan eliminating encroachment in the 10-foot buffer. • Mary L. LeBlanc landscaping plan entitled: "Landscape Plan First Citizens' Federal Credit Union Date: 10-24-10". The Petitioner shall submit to the ZBA revised landscape plans which will conform to the site plan regarding the buffer area, location of parking spaces, connection of the walkways and the increase in the radius of the islands. 3