08/08/2007 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes 3 August 8, 2007 • Robert Nelson explains to the Board and the public that this is a hearing for "Findings of Fact" only. The ZBA has been asked to find that should they allows these buildings in questions to be torn down and rebuilt that it would not be more detrimental to the neighborhood. That is all they are required to find by this amended by-law. The Planning Board will be the permitting authority and will issues a Special Permit with all of the uses and specifics addressed. The ZBA has not done this since it was amended and they will be doing the best they can to administer the proper findings and to write the Findings — the Decision will be filed with the Town Clerk's office and then put into the file. It will appear as though it is a Special Permit from the ZBA, however, it is a limited Special Permit and will not address the normal conditions such as parking and the like — the Planning Board will do that. Peter Sullivan from Sullivan Engineering and Attornev Anne Marie Sobelewski represent the applicant at this hearing. Mr. Sullivan explains his presentation whereby Building 2 and 3 will be razed and replaced in the same footprint in order to provide medical office space. The Planning Board feels the location of the buildings is good. There is a lot in between Oak Hollow and the new building providing more than 100 feet of a buffer. Mr. Bill Hulbie, a representative of Mashpee 130 Shops, discusses his intentions with the Board. The larger building to be remodeled in a simple fashion, shall consist of specialty retail. They also discuss there will be no access from Ashument Road — all access will be on/off Route 130. The Buildings will be facing each other with a • small courtyard in the middle. Robert Nelson informs the Board he is in receipt of a letter from abutter Mary Waygan who opposes any parking variances the applicant may be seeking. Mr. Nelson informs the Board this letter and this concern should go to the Planning Board and not for the ZBA to deal with since they are merely looking at the building and the merits of the building not being more detrimental to the area. Gus Donovan, an abutter questions the use of the buildings. Mr. Sullivan answers that they will be office use. The Chairman reminds Mr. Donovan that he needs to question the Planning Board for more specific questions on the use of the property. The Board reviews the plans and feels that with respect to Section 6 of the Zoning Act, the proposed buildings will not be more detrimental to the neighborhood. In fact, these buildings will much improve the area within with they lie. Zella Elizneberry makes a motion to grant a Special Permit with Findings of Fact" that is not more detrimental to the area. Robert Nelson seconds the motion. All agree. It is moved that the ZBA grants the "Findings of Fact" for Mashpee 130 Shops that their proposal is not more detrimental to the area. Reference plans from Sullivan Engineering, Inc. of Osterville, MA, dated July 30, 2007; and Tavares Land Design, dated October 26, 2006. Southside Realtv Trust: Requests a Comprehensive Permit from Section M.G.L.ch 40B of the zoning by-laws in order to build 8 detached condominium units off the Main Street Village development (Center Street and Schooner Lane) 2 of which will be affordable units on property located in a C-2 and R-5 zoning district at 340/342 Main Street (Map 36 Parcels 49 and 50) Mashpee, MA.