03/08/2023 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES MARCH 8, 2023 Charlie, yes Jim yes Bill yes Jon yes Ron, no The Special Permit passed four to one in favor(4-1). 425 Nathan Ellis Highway: Owner, Mashpee 151 Properties, LLC requests a Modification to an existing Special Permit (SP-97-73) under §174-24 (C) (9) and §174-17 of the Zoning Bylaws to allow for construction of a 1,800 sq. ft. addition to the rear of the existing retail building on property located in an R3 and C2 Zoning District(s), Map 72 Parcel 56, Mashpee, MA. Attorney Christopher Kirrane represented the applicant requesting a Modification to an existing Special Permit. Also present was Mark Dibb, Cape & Islands Engineering. The Special Permit allowed for an expansion of the building and signage. The request is to expand the rear of the building 1,800 sq. ft. for additional cooler space and office space. The property is located in the C2 Zoning District and the R3 Zoning District. The lot is surrounded on all four sections by roads. The building is pre-existing non-conforming because it does not meet the front road setback to Rte. 151, Wampanoag, or Massasoit Roads. The rear of the building does meet the setback to Sassacus Road. The proposed condition will not create any new non-conformities, nor will it intensify the existing non-conformities. The new addition will not be any closer to Rte. 151, Wampanoag, or Massasoit Roads than what currently exists. The addition will be getting closer in the rear but is still a conforming condition at 170 ft. from that road. The lot coverage will increase from 11.7% to 14.7%, but well under the 20% allowed. There is fifty six (56) parking spaces required, and there are 56 spaces available. There will be some reconfiguration in the rear of the parking. There is a retention area being built as noted on the site plan. Mr. Dibb said a drainage basin will handle the new pavement area, and will handle the existing pavement area. Attorney Kirrane was aware of an abutter who is concerned about the new addition encroaching her property. He pointed out the existing screening that is on the property and is remaining. Mr. Dibb said that the basin will be built along the property line. There 40 ft. of property that will be untouched. The actual clearing is about 100 ft. from the abutter's property. Mr. Dibb pointed out the closest point of the addition to the abutter's property. Mr. Dibb described the basin as a depression in the ground, and provides a catch basin for underground storage in the same footprint of the basin. 10