08/08/2001 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Minutes—August 22, 2001 9 Board of Appeals (4) After notice and public hearing, and after due consideration of the reports and recommendations of the local boards/departments, the Board of Appeals may issue such a special permit, provided that it finds that the proposed use: (a) Is in harmony with the purpose and intent of this chapter and will promote the purposes of the Groundwater Protection District. (b) Is appropriate to natural topography, soils, and other characteristics of the site to be developed. (c) Will not, during construction or thereafter, have an adverse environmental impact on the aquifer or recharge area. (d) Will not adversely affect an existing or potential water supply." Attorney Mullin suggested that the Board find that the proposal is in harmony with the above-referenced Section of the By-laws concerning the Groundwater Protection District. Mr. Maronery discussed the proposed landscaping of the subject property. No comments were received from abutters. Mr. Nelson moved: • to grant a Variance of 34 feet from the setback requirements of the building from Oakwood Road. • to find that the Petitioner meets the frontage requirements and does not need a Variance from the frontage requirements. The Variance is subject to findings: • unusual shape (very narrow) and topography (kettlehole) affect this lot and not the district in which it is located. • the lot abuts two roads. • that a literal enforcement of the By-laws would involve hardship to the petitioner. • the subject property is a land court parcel. Ms. Elizenberry seconded. All agreed. Mr. Nelson moved to grant the Special Permit, subject to the following: • before an occupancy permit can be issued, the Design Review Committee must visit the subject property and confirm that the Petitioner complies with all the requirements of the Design Review Committee concerning the building and landscaping. $ • before an occupancy permit can be issued, the Petitioner must comply with all requirements of the Technical Review Committee. • the Petitioner must submit a$7,500 Landscape and Performance Security. • Christopher Costa plan with latest revision date of 8-3-01. • the Petitioner must submit a revised and detailed landscape plan of the subject a property that must meet Design Review Committee approval. °F:} Ms. Elizenberry seconded. All agreed.