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<br />MASHPEE ZONING BOARD OF APPEALS <br />MEETING MINUTES <br />MAY 10, 2023 <br /> <br />6. The Board finds that the proposed project is not substantially more detrimental than the <br />pre-existing, non-conforming structure or use to the neighborhood. <br /> <br />7. The Board finds that the application under §174-17.1 as submitted is not substantially more <br />detrimental than what existed prior to removal of the existing structure, and that there is <br />adequate land area to provide sufficient parking, and there are no new non-conformities <br />being created. <br /> <br />8. Conditioned that the parking space below the house cannot be converted into the definition <br />of a garage with enclosed walls and the concrete slab. Any changes to the parking area <br />would require the applicant to return this Board. <br /> <br />Ms. Sangeleer seconded, yes, <br />Mr. Pittsley, yes, <br />Mr. Caggiano, yes, <br />Mr. Goldstein, yes, <br />Mr. Furbush, yes. <br />All were in favor to issue a Special Permit. <br /> <br />Sitting on these two hearings are the two regular Board Members, Mr. Reidy, Mr. Ganzenmuller, <br />and Mr. Caggiano. <br /> <br />40 Evergreen Circle: Petitioner, Pastore Excavation, Inc. requests a Modification to an existing <br />Special Permit (SP-2021-34) under §174-25 (G) (14); §174-24 (c) (9) (b); §174-45.6; §174-37; <br />§174-41 (M) of the Zoning Bylaws to allow for construction of a metal commercial building with <br />contractor bays on property located in the I-1 and Light Industrial Overlay District(s), Map 19, <br />Parcel 10-4, Mashpee, MA. (Owner of record: Chapter Closed, LLC). (Continued from April 26, <br />2023 hearings at the request of the Board). <br /> <br />40 Evergreen Circle: Petitioner, Pastore Excavation, Inc. requests a Variance from the front yard <br />setback under §174-31 (Land Space Requirements) of the Zoning Bylaws to allow for construction <br />of a metal commercial building with contractor bays on property located in the I-1 and Light <br />Industrial Overlay District(s), Map 19, Parcel 10-4, Mashpee, MA. (Owner of record: Chapter <br />Closed, LLC). (Continued from March 22, 2023 hearings at the request of the Board). <br /> <br />Attorney Christopher Kirrane represented the proposed application for a Modification and <br />Variance request. Also present was Mark Dibb, Cape & Islands Engineering. Attorney Kirrane <br />proceeded with a brief overview from the last meeting. This is a typical Morton Style metal <br />building consisting of 7,500 sq. ft. The approval is for a Special Permit to allow four (4) contractor <br />bays, and also seeking a one (1 ft.) variance of the front yard setback due to the fact the building <br />will be setback 74 ft. from the cul-de-sac. Given the unusual shape of the cul-de-sac the Board can <br />review this under their discretion to grant that Variance. <br /> <br />7 <br /> <br /> <br />