06/26/2002 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Quashnet Valley East Condominium Association 2 Board of Appeals SP-02-79 The Planning Board sent a memo dated July 19, 2002 to the Zoning Board of Appeals recommending approval of the proposal. Mr. Eddy stated that the Petitioner has made several revisions to the proposal at the request of the Planning Board. Plans include installation of extensive plantings within the wooded buffer area and the relocation of the unsightly dumpster out of the buffer area. No comments were received from abutters. SPECIAL PERMIT CRITERIA Section 174-24.C.9 of the Zoning By-laws j Special Permits which have not lapsed under the provisions of Subsection (8)may be modified by the original Special Permit granting authority, with any vote requiring approval of four of five Planning Board Members or a unanimous vote of the Zoning Board of Appeals... SPECIFIC FINDINGS j The Board determined: 1. that thero osal would be an improvement - ' p p p ent of a non-conforming condition. i ' Ii ' 2. that the proposal would be an improvement with relocation of the large ! ! dumpster out of buffer area and further away from a public road. 3. that the proposal would reduce encroachment into the buffer area. 4. that the proposal would be an improvement of the drainage problem with the installation of the major drainage system. ! 5. that the Petitioner meets the criteria for grant of a Variance of 1 foot from the required length of the parking spaces, a Variance to allow for the additional 11 parking spaces and a Variance to allow for encroachment into the buffer area. In view of the foregoing, the Mashpee Zoning Board of Appeals found that the Petitioner met the criteria necessary for the granting of a Special Permit. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously on July 24, it I i 2002 to grant a Modification to the Special Permit to allow for changes to the parking as it exists in Parking Lot A as shown on Baxter, Nye &Holmgren, Inc. plan entitled `1741 a Lowell Road, Mashpee, Massachusetts, Prepared for Quashnet Valley Condominiums Drawing Number C-1, Date: 6/29/01, Rev. Date: 5/6/02, Drawing Number C-2, Date: 8/1/01, Rev. Date: 5/6/02, 5/27/02, 7/18/02, Drawing Number C-3, Date: 5/30/02, Rev. Date: 6/27/02, 7/18/02'. The Special Permit is conditioned upon compliance with the above-referenced plan and with the following: j I 1. the Petitioner shall post a$5,000 Landscape and Performance Security, which shall be delivered to the Building Commissioner. 2. the Building Commissioner shall ensure that the Petitioner meets all the recommendations and requests of the Design Review Committee and Technical Review Committee. 3. the Petitioner must receive final approval from the Planning Board. I I I