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

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A MODIFICATION TO SPECIAL PERMIT (SP-86-04-024) Mashpee Commons Limited Partnership 38 Nathan Ellis Highway (Map 74 Parcel20) (46 Market Street Building 31) Mashpee, MA 02649 SP-2023-41 Mr. Feronti said that Mashpee Commons has their own employees who maintain the buildings. There are seventy seven (77) other apartments within the Mashpee Commons. Mashpee Commons is responsible for maintaining the buildings, and is the sole business entity of all the buildings within Mashpee Commons. Mr. Reidy was satisfied and believes it's a great idea. Mr. Morris believes this is an allowed use under the Special Permit. There will be building code requirements that Mashpee Commons will have to adhere to. Mr. Feronti explained that the permitting process will be reviewed by the individual departments, i.e., Fire Department, Health Department, and Building Department. Mr. Morris can submit the permit application to the Town Planner during the permitting process for his review. Ms. Sangeleer read the Board of Health comments dated July 7,2023; "Facility is private sewer treatment. No comments". Conservation Department dated July 11,2023; "Property is not within wetlands jurisdiction". There were no other department comments submitted. Mr. Feronti said that the Zoning Board of Appeals is the sole granting authority who decides to reallocate the spaces under the existing Special Permit. Mr. Ganzenmuller commented that there is a need for residential housing to accommodate folks in Town, and agrees that Mashpee Commons has the right to repurpose their spaces under the Special Permit. The Board had a conversation and would like to add a condition based upon positive comments from the Town Planner,and if his comments are not positive than the application will be required to return to the Board. Mr. Furbush asked for comments from the audience. Ms. Lynn Barbie, Surf Drive approached the Board. She learned about this proposal through the Human Services Committee, and agrees it's a good use of this space but she does not want this application to set a precedence to other buildings within Mashpee Commons. Mr. Feronti responded and thanked Ms. Barbie for the positive comments. He said that if this Board ultimately decides to approve this project, and receives positive comments from the Town Planner, he hopes that this application will set a precedence so that Mashpee Commons can repurpose other building space that is underutilized to incorporate residential housing into those other spaces. 3