01/23/2002 ZONING BOARD OF APPEALS Minutes

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i TOWN OF MASHPEE Zoning Board of Appeals Minutes - Wednesday, January 23, 2002 The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, January 23, 2002, at 7:00 P.M. at the Mashpee Town Hall. Board Members present were Chairman Edward M. Govoni, Vice Chairman James E. Regan III, Clerk Robert G. Nelson and Associate Members Frederick R. Borgeson and Marshall A. Brem. Associate Members Zella E. Elizenberry and Richard T. Guerrera were not present. Building Commissioner Russell W. Wheeler attended the meeting. z PUBLIC HEARINGS � S.V. Raleigh Corporation—Requests a Variance from.Section 174-43 of the Zoning By-laws for permission to reduce the required number of parking spaces in a commercial center on properties located in a C-2 zoning district at 486 and 490 Main Street (Map 27 Parcel 123 and Map 27 Parcel 159) Mashpee, MA. Owner of record of 486 Main Street: Lorraine M. Raleigh, Trustee. Owner of record of 490 Main Street: James Robert Vicino. Sitting: Edward M. Govoni, James E. Regan III and Robert G. Nelson. Ms. Eliza Cox and Messrs. Butler, Ojala and Raleigh represented the Petition. Attorney Butler of Nutter, McClennen & Fish reminded the Board that Mr. Raleigh appeared before the ZBA several months ago on an informal basis concerning the proposal. The Design Review Committee and Technical Review Committee have approved the project. The Planning Board has given preliminary approval of the proposal. Attorney Butler indicated that the PlanningBoard has continued its hearing of the project to allow the g p J Petitioner an opportunity to receive grant of the Variance relief from the Zoning Board of Appeals. The Petitioner has received the Development of Regional Impact Decision from the Cape Cod Commission. i Attorney Butler referred to several unique features of the subject property, which create a hardship for the Petitioner. An indentation on the southeasterly border of the property creates a hardship for location of the proposed building and parking area. The unusual shape of the subject property determines the location of drainage areas and places substantial limitations on the placement of the proposed building and parking spaces. The soil conditions restrict the placement of the septic system. A large kettle hole drops significantly in elevation in a short distance on the subject property, thereby creating a large unbuildable area on the property. Attorney Butler said that the Cape Cod Commission has required placement of the parking spaces to be located in the rear of the proposed building. The proposal must comply with Mashpee By-laws, the Comprehensive Plan and Cape Cod Commission requirements and maintain the large vegetated buffer in front of the subject property. Attorney Butler said that less paving and maintenance of a larger buffer, more green