07/28/2010 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Mashpee Housing Authority and Housing Assistance Corporation Breezy Acres Phase H—570 Old Barnstable Road Mashpee,MA 02649 (f CP-10-29 4. The Board finds that, as shown on the Plans,the Project exhibits generally satisfactory access for fire-fighting purposes. The Board finds however, that additional assurances must be provided to the Fire Department. 5. The Board finds that the amount of parking at the project may be insufficient and that the conditions of approval must include provisions for construction of the "shadow parking" shown on the Plans. 6. The Board finds that,based upon review by its engineer Charles Rowley, the Project will likely provide adequate management of stormwater but requires further review by the Board's engineer. 7. Notwithstanding the above-described impacts to local concerns, the Board finds that the Project, as conditioned by this Decision,will be"consistent with local needs," as such term is contemplated under c. 40B. 8. The Board finds that the grant of waivers from local by-laws and regulations, as described more fully in Section IV hereof, is acceptable although the grant of any waivers may cause adverse impacts to local concerns. Nevertheless, the Board finds that the local concerns that have been affected thereby do not outweigh the statutory requirements for affordable housing, especially given the mitigation that has been provided by the Applicant. 9. The Board finds that the conditions imposed in the following section are necessary in order to properly address local concerns. The Board finds that such conditions will not render the project uneconomic. To the extent that such conditions do render the project uneconomic,the Board finds that the local concerns in imposing the same outweigh the statutory requirements for the affordable units that have been proposed. IV. DECISION AND CONDITIONS Upon Motion of Chairman Robert G.Nelson, seconded by Cleric William A. Blaisdell, the Board votes unanimously to grant both: (a) a Comprehensive Permit to the Applicant for the proposed Project; and(b) an Amendment to the Breezy Acres I Comprehensive Permit, subject to the following conditions: 1. Approval of the Plans is subject to the final approval of the Mashpee Fire Department before the issuance of any building permits. Should any further plan changes be required to satisfy the concerns of the Fire Department, said plan changes shall be presented to the Board in accordance with 760 CMR 56.05(11). 4