4/8/1998 ZONING BOARD OF APPEALS Minutes

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Board of Appeals Minutes - April 8, 1998 2, Ms. Hauver moved to grant the Special Permit with same conditions as 1997 and the addition that the poles must be removed at the end of the season, police detail eliminated for Columbus day and added for Memorial Day and Labor Day and a site reserved for the teens. Mr. Nelson seconded. All agreed. Women's Body Shopp Inc. -Requests a Special Permit under Sections 174-25,B.11, 174- 25.13.14, 174-25.E.1, 174-25.EA, 174-25.H.6 and 174-2517 for a health club including facilities for exercise classes, swimming pool and aquatics, diet counseling and dance on property located in a C-2 zoning district at 502 Main St. (Map 27, Block 24)Mashpee, MA. (Owner of record: David W, Young TR). Members present: C. Hawver, R. Nelson, J. Dorgan, R. Guerrera, M. Makunas Mr. Regan stepped down from-the Board. Attorney Patrick Butler represented the applicant. He explained that he is going to Design Review on April 22 after having a preliminary review with them in February. He reviewed the site which has been divided by an ANR plan from the Planning Board. He explained that there was a discrepancy in the title search and that some of the lot will be deeded to the Town. The property is bisected by two zoning districts with the front being C-1 and I-1. He said the intent of 174-11, in his opinion, is that if you have two zoning districts on one property you may intrude into one of them a certain number of feet. The larger district may be extended no more than 30 feet at the option of the owner. He disagreed with the interpretation of Tom Fudala which was that the larger district governs the entire lot. He stated that he believes the Body Shopp can properly utilize all of the uses under C-2 in the portion of the property designated as C-2. Mr. Hauck agreed with this interpretation. He reviewed the site plan for the 9,990 square foot building. The plan shows an 80 foot distance from the road to the edge of the parking lot. 90% of the lot will be open space. He said the Design Review had architectural and landscaping concerns. They have revised the building design and expanded the landscape plans. Chet Hughes, owner, said the front of the building will now be brick with wooden texture. Mr. Dorgan questioned size of trees and Mr. Butler said there would be mature trees in front. Mr. Dorgan questioned the design of the building and why it could not be a Cape Cod style building. Mr. Butler responded that the financial capacities of the business limit construction costs and should be taken into account. He said the bank studies on the properties in the area are having trouble supporting this because of the cost/value ratio. He said that what they are proposing will increase the values in the neighborhood. Mr. l Gueffera commented that we try hard to get a Cape Cod look but there are some businesses where that may not be feasible. This building will be set well back. Mr. Dorgan said that Jiffy Lube was ready to do a Cape Cod style building and Mr. Butler stated that any national franchise would have the capabilities to fund any style changes but that small business owners such as the Hughes are limited financially to what they can do. f