06/14/2023 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JUNE 14, 2023 Ms. Sangeleer seconded, yes, Mr. Goldstein, yes, Mr. Bonvie, yes Mr. Blaisdell, yes, Mr. Furbush, yes. All were in favor to issue a Written Finding. 21 Fro« Pond Close and 352 Mash ee Neck Road: Owner, Timothy W. Leedham, Trustee of the Shoestring Bay Nominee Trust requests to modify the existing Special Permit of the marina use and expand to include the adjacent property located at 352 Mashpee Neck Road, Original Special Permits: (SP-83-3-008, SP-00-167, SP-02-59, and SP-2020-06), under §174-24 (C) (9) (b); §174-25 (E);and§174-17 of the Zoning Bylaws,on property located in an R-3 Zoning District, Map 90 Parcel 83 and Map 90 Parcel 97,Mashpee,MA. (Continued from May 24,2023 hearings at the request of the Attorney). Attorney Christopher Kirrane represented the applicant for a Modification request of an existing Special Permit. Also present was Tim Leedham, and Mark Dibb with Cape & Islands Engineering. This is an application to modify the existing Special Permit for 21 Frog Pond Close that-includes bringing the adjacent property at 352 Mashpee Neck Road under the umbrella of the existing Special Permit. This will allow the applicant to add thirty two(32)parking spaces for over-flow parking during the busy season, and allow the applicant to use the area for boat storage. The proposal also includes that the residence be an accessory use to the marina for either the owner for his family to reside, or an employee and their family to reside on the residence property. The owner is also asking to renovate a portion of the property for office use as an accessory use to the marina. There would be no request for use as rental property, or as an Air-BNB. The property is located in the R-3 Zoning District, and the Marina use is allowed in the R-3 Zoning District upon grant of a Special Permit by the Zoning Board. A Special Permit could be granted as long as the Board finds that the proposal will not adversely affect public health or safety, creating excessive demand on community facilities, decreasing surface and ground water quality or air quality will not have a significant adverse impact on wildlife and estuarine systems, traffic flow, traffic safety, waterways, public lands, neighboring properties, no excessive noise levels, vibrations, etc. Attorney Kirrane mentioned that most of the concerns mentioned in the letters that have been submitted seems to be traffic that will be entering and exiting from 352 Mashpee Neck Road to use the marina. In order to alleviate that concern, the applicant has agreed to if approved by the Board,that all access to this parking area will be from 21 Frog Pond Close only. So no access from 352 Mashpee Neck Road, and the only access with a curb-cut will be for the residence, or an employee. There will be a stockade fence installed that will be surround the parking area with a locked gate. The other concern was with esthetics. The fence will provide shielding from the view as well as the boat storage. The boat storage will be limited to the ground, and agree that no rack storage of boats. The other concern from the neighbors that this residence will become a restaurant,bar or yacht club. The R-3 Zoning District does not allow these type of commercial uses.Attorney Kirrane and his client will agree to those conditions. 5