10/13/2010 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OFAPPEALS Minutes October 13, 2010 First Citizens' Federal Credit Union is a Federally Chartered Institution which services the residents of Bristol, Plymouth, Norfolk, Barnstable, Dukes and Nantucket Counties in nine branch offices in Southeastern Massachusetts, including three branches on the Cape. The Petitioner went through strict review by the current owners, Mashpee Commons Limited Partnership. Design and Plan Review Committees have also held meetings concerning the proposal. Because the subject property was part of a 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 DRI which allowed for the adjacent property to include this site. Attorney Kirrane referred to the conceptual drawings and said that the proposal calls for construction of a 2,520 -square foot, single -story building with a drive -up window and 13 parking spaces. The proposed use as a banking/financial facility is a permitted use upon grant of a Special Permit under Sections 174-25.D(1), E(4) and F(6). The subject property meets the C-1 Zoning District requirement of 40,000 square feet of land. It exceeds the required 200 feet of frontage along Job's Fishing Road. This road will serve as the only access to the property. This long, narrow parcel of land has two frontages, which requires a 40 -foot setback from • Job's Fishing Road and a 75 -foot setback from Route 28. This also translates into two 40 -foot rear setbacks. In addition to the 75 -foot setback, there is a required 50 -foot vegetated buffer zone along Route 28 and a 10 -foot vegetated buffer zone around the remainder of the parcel. The parcel slopes from west to east and drops approximately 50 feet from the southwesterly corner to the southeasterly comer. According to Engineer Borselli, the measurement from the center line of the drive to the gutter line of Route 28 is 195 feet. Attorney Kirrane said that the sloping topography and rectangular shape of the parcel restrict location of the building; therefore, the Petitioner is requesting Variance relief from the following: front setback requirements; the 50 -foot and 10 -foot undisturbed buffer zone requirements; and the separation between the accessway requirements. These conditions are unique to this parcel and not to the C-1 zoning district in which it is located. 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. This would require substantial cutting into the slope and construction of an 8 -foot retention wall, which could cost an additional $70,000 to $100,000. This also creates a financial ,hardship for the Petitioner. The local Comprehensive Plan, the Regional Policy Plan and local By-laws restrict location of parking on the rear and side of buildings creating further need for Variance relief. 2