06/26/2002 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Quashnet Valley East Condominium Association 2 Board of Appeals V-02-80 VARIANCE CRITERIA , i Section 9.35 Space Requirements. i !, 9.352. A buffer strip of land equal in width to the front yard requirement of the i underlying zoning district shall be created along the entire perimeter of the multi-family portion of the tract, the buffer strip shall be unbroken except for access roads. The buffer strip shall be considered part of the permanent open space. The buffer strip shall be retained in its natural state or landscaped if, in the opinion of the Board of Appeals, it is necessary to protect privacy of adjoining land owners and shall not be used for parking or organized recreational activities. The Planning Board may require a buffer strip in excess ; of the minimum requirement depending on the use of adjoining land. �I j Section 9.38. Planning Board Approval. Upon approval of the Board of Appeals, the developer shall present the following to the Planning Board; 9.381. Subdivision plan j in accordance with rules and regulations of the subdivision control law of the Town of Mashpee; " SPECIFIC FINDINGS '�� The Board determined: II 1. that the proposal would be an improvement of a non-conforming condition. �j ! 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 Modification of a Special Permit to allow for changes to the parking. In view of the foregoing,the Mashpee Zoning Board of Appeals found that the Petitioner met the criteria necessary for the granting of a Variance. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously on July 24, 2002: 1. to grant a Variance of 1 foot from the required length of the parking spaces and allow for the parking spaces to measure 19 feet deep by10 feet wide. 2. to grant a Variance to allow for the additional 11 parking spaces. 3. to grant a Variance to allow for encroachment into the buffer area. The Variance is conditioned upon compliance with the following: 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. 4. Baxter,Nye & Holmgren, Inc. plan entitled '1741 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: ISI 5/30/02, Rev. Date: 6/27/02, 7/18/02 . i!I i I 'ill�l i