06/26/2002 ZONING BOARD OF APPEALS Decisions

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Town of Mashpee y� 16 Great Xeck Ppad Xorth I MAlashpee, Alassachusetts 02649 ASHPEE ZONING BOARD OF APPEALS ' i Decision for a Special Permit RE: Quashnet Valley East Condominium Association 170 Lowell Road SP-02-79 Map 60 Parcel 3 A Petition was filed on June 4, 2002 by Quashnet Valley East Condominium Association of Mashpee, Massachusetts for a Modification to a 1973 Special Permit under Section 174-24.C.9 of the Zoning By-laws to allow for additional parking area on property located in an R-5 zoning district at 174 Lowell Road (Map 60 Parcel 3) Mashpee, MA. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on June 7 and June 14, 2002, a copy of which is attached hereto and made a part hereof. A Public Hearing was held on the Petition at the Mashpee Town Hall on Wednesday, July 24, 2002, at which time the following members of the Zoning Board of j !' Appeals were present and acting throughout: James E. Regan III, Robert G. Nelson and Zella E. Elizenberry. This Petition has been continued from the June 26, 2002 Public Hearings at the request of the attorney to allow the Petitioner an opportunity to receive Planning Board approval. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A Section 9 and the Town of 1 Mashpee Zoning By-laws. The following individuals represented the Petitioner: Attorney Robert F. Mills, Project Engineer Matthew Eddy from Baxter,Nye & Holmgren, member of the Quashnet Valley Board of Trustees Bernie Herman, member of the Quashnet Valley Board of Trustees Thomas Cook and Property Manager Thomas Michaels. Attorney Mills stated ill I'j that the 1973 Special Permit requires the Petitioner to seek approval from the Planning Board and the Zoning Board of Appeals with any proposed project changes. Attorney Mills stated that the original developer cleared the buffer area over 14 years ago in violation of the Special Permit. This encroachment into the buffer area was made in an attempt to address the significant parking and drainage problems. The Petitioner is now requesting a Modification to the Special Permit to allow for the additional parking spaces I, j and a Variance to allow for the encroachment into the buffer area. Attorney Mills said that no parking is proposed within the buffer zone. � I VIII i;