10/13/2010 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Petitioner: First Citizens Federal Credit Union Owner of record: Mashpee Commons Limited Partnership Mashpee, MA 02649 SP-10-39 The proposal has gone through stringent review by Mashpee Commons Limited Partnership and the Town's Design and Plan Review Committees. Because the subject property was part of a Massachusetts Environmental Policy Act(MEPA)filing by the Mashpee Commons Limited Partnership on an adjacent property,this proposal also required review by the regulatory committee of the Cape Cod Commission. On October 12, 2010,the Cape Cod Commission approved the amendment to the Development of Regional Impact(DRI). The Cape Cod Commission draft Decision on this proposal is scheduled for Cape Cod Commission review and approval at its November 1, 2010 meeting. 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 said that the Petitioner has addressed the concerns raised by Engineer Charles L. Rowley in his site review letter dated October 26, 2010. Mr. Rowley said that he is satisfied with the revised plans and requested a copy of the second sheet of the revised plans for his review. 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. 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. SECTION 174.25D(1): D. Principle office and laboratories (1)Business, financial,professional or governmental offices,but no retail business,no manufacturing and no processing. SECTION 174-25F(6): F. Principle automotive service and open-air drive-in retail service (6)Drive-in banks SPECIFIC FINDINGS: • The proposed use as a banking/financial facility is a permitted use upon grant of a Special Permit under Sections 174.251)(1) and 174-25F(6) of the Zoning By-laws. • According to Section 174-24.C(2) of the Zoning By-laws,the Board determined that: "the,proposed use or development is "consistent with applicable state and town regulations, statutes,bylaws and plans,will not adversely affect public health or safety, will not cause excessive demand on community facilities, will not significantly decrease surface or groundwater quality or air quality,will not have a significant adverse impact on wildlife habitat, estuarine systems, traffic flow,traffic safety,waterways, fisheries, public lands or neighboring properties, will not cause excessive levels of noise, vibrations, electrical disturbance,radioactivity or glare,will not destroy or disrupt any 2