07/08/2009 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes • 3 July2009 shoulders of the road in front of the building. The staff seems to be parking on the street so that the patients can park in the lot closer to the building. Attorney Don Megathlin, VP of Talanian Realty, submits a letter to the board regarding the support of C. Talanian Realty Co., Inc. Mr. Talanian constructed and paid for the connector road between South Cape Village and Mashpee Industrial Park as well as a bypass and this was never designed or intended for on street parking. This project would eliminate as many as 20 shoulder street parking spaces on Commercial Street, adjacent to the CHC. Tim Santos of Holmes and McGrath, addresses the Board's questions about drainage. This project is designed to take the first flush and 1 inch stone and the 100 year storm. The Board further reviews the plans and comments from Tim Santos. Should there be a need for a curb cut, the Commonwealth of Mass must be contacted first. James Reiffarth makes a motion to grant the Modification of the Special Permit. Robert Nelson seconds the motion. All agree. So moved. This is conditioned on plans from Holmes and McGrath, Inc. Job No. 209043, dated June 15, 2009. Raloh Marcelli: Requests a Variance from Sections 174-31 and 174-32 both for a frontage variance and a variance from the required fire access of 150 feet to deem lot buildable on property located in an R-5 zoning district at 29 Melissa Avenue (Map 21 Parcel 12) Mashpee, Ma. Sitting: Robert Nelson, Jonathan Furbush, James Reiffarth, William Blaisdell and Jack Dorsey. Mr. Marcelli represents himself at this hearing. He is seeking a frontage variance, a landspace variance and relief from the bylaw requiring a dwelling to be no more than 150 feet from the street for fire apparatus in an emergency. The lot is 58,806 square feet in an R-5 zoning district that requires 80,000 square foot lots. There was another lot in this neighborhood that was recently granted a similar variance. The potential buyer, Chris Olson informs the Board that he met with Fire Chief Baker who has no problem with this lot becoming buildable. The Board would like to see that in writing from Mr. Olson, who agrees to provide that. Mr. Nelson also wants 20 feet of pavement for the roadway put in front of the lot. The Board reviews the plans and Mr. Marcelli gives some history on the lot and the assessed value over the years where he has paid taxes on it. James Reiffarth makes a motion to grant a 3.79 foot variance on the westerly side (frontage) and a 21,194 square foot landspace variance, as well as granting relief from the fire restriction by-law with the letter is from the Fire Chief to be provided. Jonathan Furbush seconds the motion. All