08/26/2015 ZONING BOARD OF APPEALS Decision

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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 SPECIFIC VARIANCE CRITERIA/FINDINGS: The Board considered the unique security requirements for the proposed RMD facility,particularly the need to effectively screen and confirm the qualifications of patients who seek to enter the property. The subject security booth is proposed to be an 8'x 8' structure, thus, the length of the setback area for which the variance is sought would only affect an 8' stretch of the property frontage. All other structures within the property would meet or exceed applicable setback requirements. The Board recognized the need for separation between the main dispensary building,the parking areas and the security booth/ entry gate. The Board concluded that the proposed security booth setback of 3' is adequate to accommodate the free flow of pedestrian and vehicular traffic in front of the property and that the proposed location of the security booth would not be detrimental to staff/patients of the facility or to neighbors. Given the enhanced security needs of the proposed RMD structures, the Board finds that owing to circumstances relating to the shape,configuration and proposed use of the subject structures which especially affect such structures but do not generally affect the zoning district in which they are located a literal enforcement of the provisions of this setback Bylaw would involve substantial hardship, financial or otherwise, to the applicant, and the requested relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Bylaw. In view of the foregoing, the Board determined the Petitioner met the criteria for a front setback Variance. Upon motion duly made and seconded at the Public Hearing on Wednesday, August 26, 2015, the Zoning Board of Appeals voted unanimously to issue a 72-foot Variance under §174-31 (Land Space Requirements) for relief from the front setback requirement of 75 feet to construct an 8' x 8' security booth on property located in an I-1 Zoning District, (Map 19 Parcel 3 Ext. 9), Mashpee, MA. Referencing a Site Plan titled: Revisions, update profile, add construction entrance, revise details, add perk. Test location, 7/27/15. Proposed layout prepared for Triple M Management, 29 Echo Rd., Mashpee, MA. Scaler 1" =20', dated: August 26, 2015, Holmes and McGrath, Inc., Civil Engineers and Land Surveyors,205 Worcester Ct.,Falmouth,MA.,Drawn: RLR,Job No.: 215142, DWG. No. N/A, Sheet 1 of 1. Also reference a plan titled; Dispensary Floor Plan A-101 dated 8/25/2015 3/8" = 1', and A-104 Dispensary Perspective floor plan dated 8/25/2015 drawn by BCE. 4