08/26/2015 ZONING BOARD OF APPEALS Decision

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Triple M Management Company, LLC 29 Echo Road(Map 19 Parcel 3-9) Mashpee,MA 02649 V-2015-34 Attorney Gildea stated he would like the Board to grant the front setback variance for the security booth which is integral to the security of this facility; secondly he asked for the additional parking finding under §174-39 of the Bylaw, and finally a special permit under §174-24 (J) of the Bylaw. Attorney Costello stated that under §174-39 (Required Number of Parking Spaces) when an applicant can provide evidence justifying a number of parking spaces in excess of that required by the Bylaw (in this case, 10 parking spaces), the Board can approve the excess parking space request. It's not a variance per se, it's merely a vote of the Board acknowledging the specific circumstances presented and approving the additional parking. Attorney Costello suggested a motion, with respect to the plans submitted by the applicant, requesting 21 parking spaces as proposed. The proposed motion to the Board would be to render a Finding under §174-39 of the Zoning Bylaw due to the specific circumstances relating to this particular project, that the 21 proposed parking spaces is acceptable and appropriate. The bylaw for the parking requires 10 parking spaces, including one ADA parking space. There will be 21 parking spaces provided including four ADA available spaces.The need for additional parking spaces was based on the following evidence: 1. Four ADA spaces are required, given the medical needs of the patients who are expected to use the RMD facility. 2. Due to the need to maintain segregation of the parking areas for employees and patients for security reasons,there is a need for an additional number of parking spaces. 3. The Zoning parking requirements are based on building square footage, and because of the unique nature of an RMD facility's operations,there will always be two security personnel onsite, thus, additional parking space is required for those individuals. VARIANCE CRITERIA: Chapter 40A: Section 10.Variances: The granting authority specifically finds that owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, 1) a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and that 2) desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or by- law. 3