1990 JUL-DEC-ZBA APPEALS - Laserfiche WebLink

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Board of Appeals McDonald's SP-90-56 �. indicated, however, that the proposed parking area, while not set back fifty feet, would be less non-conforming than the existing parking area which lies within a few feet from the front lot line (sideline of Route 28) . The applicant, through its representatives, presented information to support its contention that the proposal would not create a traffic or safety hazard. It was also indicated that the applicant had satisfied the concerns of the Design Review Committee, would comply with all requirements of the local Board of Health, and would work with the Town to assist in bringing about the so-called "Rotary By-Pass" plan. The applicant further made known that it would apply for and secure all necessary curb cut approvals from the Commonwealth, take any steps required of it by the Commonwealth or Town to improve or widen Route 28 in proximity to its access and egress on both sides for whatever distance may be required to establish a safe ingress and egress acceptable to the Town and Commonwealth, and further that it would close off and landscape any access route to Donna's Lane and subsequently pay for and/or provide necessary engineering to lay out and construct Donna's Lane in the event the Town acquires title thereto and it becomes a. Town way. The applicant further informed the Board that it would pay for the cost of installation of traffic control signals at the intersection of Job's Fishing Road, Donna's Lane and Route 28 and furnish all necessary engineering plans and data and that if requested, it would deposit 150% of the estimated cost of the traffic lights with the Town. The Board is very familiar with locus and the prior operation of Pickwick's, a full-service restaurant serving alcohol and including a sizeable take-out food service business. This operation ceased in January, 1990 and the building has been vacant since that time. One of the principals of Pick:wick's, Marsha Jordan, gave testimony that no abandonment of the use was intended. Mr. Kirrane indicated that bankruptcy had been filed and the locus was to be sold to McDonald's who would continue with a restaurant use accomodating patrons inside the building and including a sizeable take-out food service business. He indicated that no alcoholic beverages would be served by McDonald's. The Board has knowledge of the non-conformity of the parking area set-back of Pickwick's from Route 28 and Donna's Lane. There is presently no set-back from Donna's Lane and the set-back from Route 28 is a few feet in distance. The Board further noted that Section 174-=1 of the Zoning By-law under the C-1 District, makes no reference to footnote 14. The Board acknowledges that the Town Planner suggests that footnote 14 is applicable and requires a parking set-back of fifty feat from the layout sideline of Route 28, but the Board cannot find that footnote 14 has been specifically applied to the Zoning District wherein locus is located. The Board further notes that footnote 14 specifically refers to a parking area, internal driveway or