07/12/2023 ZONING BOARD OF APPEALS Minutes (2)

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` Town of Mashpee 16 Great Neck Road North Mashpee, MA 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A MODIFICATION TO SPECIAL PERMIT (SP-86-04-024) SP-2023-41 Mashpee Commons Limited Partnership Owner of Record: 38 Nathan Ellis Highway Mashpee Commons U LLC Map 74 Parcel 20 Doc.: 1234310,Ctf.: 193761 (46 Market Street Building 31) Formerly Lot 12,Now Lots 13 Mashpee, MA 02649 as shown on Plan 34844F& Lot 17 as shown on Plan 34844H Lot 7 as shown on Plan 26950E Lot 4 as shown on Plan 34844B A Petition was filed on June 8, 2023 by Petitioner, Mashpee Commons Limited Partnership requesting a Modification to an existing Special Permit (SP-86-04-024)to allow for re-purposing the second floor of an existing mixed-use building on property located in the C-1 Zoning District, at 46 Market St. (Building 31), Map 74 Parcel 20, Mashpee, MA. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on June 16, 2023 and June 23, 2023 a copy of which is attached hereto and made a part hereof. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A §9 and the Town of Mashpee Zoning By-laws. Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, July 12, 2023 at which time the following members of the Board of Appeals were present and acting throughout; Board Members, Jonathan Furbush, William Blaisdell, Charles Reidy,Bradford Pittsley,and George Ganzenmuller. Also present was David Morris, Building Commissioner. Mr. Tom Feronti with Mashpee Commons presented the application request. Also present was Karen Gardner, Chief Executive Officer of the Community Health Center. Mashpee Commons seeks to make minor revisions to the Special Permit SP-86-04-024 to actual built conditions and to relocate 4,810 sq. feet of building space, and to approve residential units. Condition 5 of the 1986 Special Permit states that these changes can be approved by the Zoning Board of Appeals. The requested changes are related to Building 31 which is located at 46 Market St. Building 31 that was built in 2014, and is a two story building. The first floor is mercantile use (Rory's Market), and the second floor was built as office space. The office space tenant that utilized this space from the original construction of the building vacated in Year 2022, and it was time to revisit the best use for that space. Mr. Feronti believes that there is a housing crisis, and Mashpee Commons decided to look into better opportunities to possibly convert this space into residential. 1