01/22/1997 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Mashpee Commons Ltd. Partnership - SP-97-11 2 planned for a reduction in the square feet and height levels. He presented plans for 13,700 square feet of retail space on the first floor and 13,500 square feet on the second floor to be used for residential apartments. The applicant withdrew a petition for a Variance to allow a height of 37'2" after the recommendations of the Fire Department that the height be limited to 35 feet and that parapets could exceed this height in accordance with the Zoning By-laws. The Board agreed to send the Building Inspector a Letter of Determination that a Variance was not necessary. FINDINGS 1. the subject site is a 40.3 acre lot known as Mashpee Commons and located in a C-1 zoning district at 38 Nathan Ellis Highway. 2. the property was issued a Special Permit in 1986 for retail, office, restaurant and residential use to be planned in several phases. 3. the proposed construction has been approved by the Design Review Committee as required in the original Special Permit. 4. the Board found that the use is in harmony with the general purpose and intent of the zoning by-laws and complies with the conditions therein. 5. the Board determined that the height of the building should be limited to 35' plus a parapet or feature not used for human occupancy as allowed by Section 174-31, footnote 4 of the Zoning By-laws. Height shall be measured from the average original grade of the land adjacent to the foundation line of any proposed structure (prior to the clearance of the natural vegetation from said site)to any applicable point on the structure. Upon motion duly made and seconded the Board of Appeals voted unanimously on January 22, 1997 to grant the Special Permit. The Permit is conditioned upon the submission of revised plans to reflect the reduced height of the buildings.