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 The maintenance crew have been promised a building for seven years and it will provide a tremendous upkeep for the Commons. Mr. Furbush mentioned another comment there would be a loss of five parking spaces, if the building were situated at the desired location. There is still an excess of sixty three(63) extra parking spaces. Mr. Feronti stated if the building is kept at the 40 foot setback, they would lose 18 or 20 spaces versus five. One of the main considerations locating this building as shown on the footprint of the master plan, is to reduce the overall impact on parking. Part of the issue is storing the maintenance equipment and vehicles.There will be a garage door located at the termination of the drive. Moving the building to the 40 foot setback and aligning the garage door with the southern parking would lose parking spaces for trucks and power washers. Mr.Furbush had a copy of the 2002 approved plan showing the right of way setback on the corner and how it will be connected directly across the street. Mr. Feronti said it was at a 75% level and hard to factor that road because it may or may not be considered in the future. The 21.9 foot setback that is being requested with the additional space needed for the right-of-way shows an additional 15 feet which brings the setback down to 6.9 feet. However, based on the existing conditions, there is roughly 10 feet between the right-of- way and the travel lane. If you assume that the 10 foot dimension is going to remain constant, the 6.9 foot setback is actually a 16.9 foot setback from the travel lane. If it remains at the 40 foot setback it would be approximately 35 feet when completed. We wanted to consider a pedestrian-driven situation and the 6.9 foot setback with 16.9 feet to the travel lane was a more comfortable distance for people walking from one neighborhood to another. The building will be constructed the same architecture that is currently in Mashpee Commons. Jim Reiffarth asked if the top right door faces the parking lot. Tom Feronti said; "yes, on the western fagade of the building". There are only four full parking spaces taken for the building, the fifth space is actually a partial space designated as a loading area for the maintenance staff to provide maneuverability. Mr. Furbush asked how many buildings in Mashpee Commons are within 40 feet of Route 28. Mr. Feronti stated there are no buildings within 40 feet. Mr. Furbush said the Town Bylaw requires a 75 foot front setback from Route 28 for commercial zoning, but Mashpee Commons was allowed 40. Mr. Goldstein stated that on a busy traffic Saturday someone is likely to get into an accident if the building is situated at the proposed location. 4