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other regulatory proceedings that have taken place, while undergoing the special permit <br /> process. The Cape Cod Commission has specifically stated within its decision that it was <br /> dealing only with the commercial aspect of the project. The Zoning Board of Appeals <br /> did not segregate out the commercial and residential components ofthe project, its <br /> decision relates to the project as a whole as shown on the plan. The plan submitted to the <br /> Zoning Board of Appeals was one integrated plan showing both the commercial and <br /> residential components. <br /> The Supreme Judicial Court of Massachusetts has issued an opinion that is <br /> advisory in this matter. A Planning Board does retain jurisdiction over commercial <br /> components and projects where they are not otherwise expressly allowed by right under <br /> the bylaw. It was emphasized that flexibility is a necessary component of any review <br /> offered by a.planning Board in light of any prior conclusions granted by the Zoning <br /> Board of Appeals. (Jepson v. Zoning Board of Appeals of Ipswich, 45 o Mass.8 1, dated <br /> November 2032007) <br /> Attorney Costello stated that he feels this matter should be properly before this <br /> Board for the issuance of the Special permit, and that some careful review/adherence to <br /> some of the terms and conditions of the Zoning Board Decision should be made. <br /> With regard to the Conditions within the Cape Cod Commission Decision, the <br /> Chairman asked ed whether or not Mashpee Commons found any cause for concern <br /> regarding opposition to the Zoning Board of Appeals Decision on certain items. <br /> Mr. Storrs responded by stating, "No." <br /> Mr. Storrs also informed the Board that all of the commercial space occurs on the <br /> Jobs Fishing Road parcel which is zoned Commercial (arid does not allow residential). <br /> The Cape Cod Commission requested that this space not be developed entirely as <br /> commercial, which is.the reason Applicant was directed towards 40B. <br /> Some of the benefits of a 40B project are the provision of -units of affordable <br /> housing for the Town, it provides a residential use in this area, and the elimination of a <br /> great deal of Cape Cod Concession review over the entire project allowing more review <br /> t the Town level. Applicant believes that this is the appropriate type of project to be <br /> constructed in this area of the Town, <br /> Mr. Storrs informed the Board that the Zoning Board of Appeals final vote was <br /> unanimous and that there were no objections raised by abutters. He also noted that a <br /> certain amount of flexibility has been incorporated into the permit. The project is to be <br /> constructed in a balanced logical approach by phases, when the 42nd market unit is <br /> completed 1 -affordable units will be constructed. The retail stores will be geared <br /> towards"Mom & Pop" type businesses rather than-classic retail with residential units on <br /> the second level. This type of use rill reduce traffic as well as direct wastewater into the <br /> treatment plant, and provide economic diversity. He is hopeful there will be a coffee <br /> shop and/or newsstand on the corner(commercial use). <br /> 6 <br />