04/09/2014 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION WITHDRAWAL OF MODIFICATIONS TO SPECIAL PERMIT SP-86-04-024 Mashpee Commons Limited Partnership 38 Nathan Ellis Highway, Unit 33 (Map 74 Parcel 20) Mashpee, MA 02649 SP-2014-19 John Connell, Architect and Project Manager with Mashpee Commons stated that every building constructed on the edge of the Special Permit is important and to look at the building in context of the other current and future buildings as plans are updated. Mashpee Commons continues to have mixed use residential as well as on the other side of Route 28. It's important for Mashpee Commons, and hopefully the community, that Route 28 not become a gigantic divide, but more a comfortable way for pedestrians to cross Route 28. He said after a conversation with Tom Fudala reviewing the master plan proposals that have been advanced, and then superseded for this parcel, it's an accepted fact in planning that buildings closer to roads produce slower traffic. As seen on the map layout, they anticipate reluctantly there will be additional lanes, but hopefully the bypass will provide alternative ways to avoid the rotary and provide a small village town impression. Board Member,Mr. Jodka asked if the building will be large enough when the time comes to develop the other side of Route 28 and seeking to move or expand it. Mr. Connell said that by the time all four corners of the intersection are planned,including the highway, this building might have to be replaced. Chairman,Jon Furbush asked why they chose this location. Mr. Connell stated they looked at other locations and revised their plans three times. Board Member, Jim Reiffarth asked if they considered putting the building on the corner of Common and Fountain Streets by the open space in the back corner behind the library. He thought that would be ideal. Mr. Connell said their need for maintenance space is greater than retail space, and has other retail space for future demands. Mr. Goldstein asked if they considered the parking area by the bank in the corner of the rotary. There seems to be plenty of space available. Mr. Connell said there is not a building footprint in that location, so it is not permitted. Mr. Furbush said a variance was never submitted to change that. Mr. Furbush mentioned questions from the March 18, 2014 Design/Review Committee meeting. He was not at the meeting, but there are two pages of unanswered questions from that meeting and not sure if they were answered. One of the statements from Tom Feronti;"the plan is for a maintenance barn,but if someone wanted to lease they would do that."Mr. Connell stated that they would prefer to build in a desirable location if a client came forward. 3