10/22/1997 ZONING BOARD OF APPEALS Minutes

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TOWN OF MASHPEE Board of Appeals Minutes Wednesday, October 22, 1997 - 7:30 P.M. The Mashpee Board of Appeals held a meeting on Wednesday, October 22, 1997 at 7:30 P.M. at the Mashpee Town Hall. Board members present were: Edward M. Govoni, Chairman; James E. Regan III, Vice-Chairman; Cheryl A. Hawver, Clerk and Associate Members Robert G. Nelson, Richard T. Guerrera, James M. Dorgan and Michael A. Makunas. Building Inspector William F. Hauck also attended. Stephen C. K3gos TRS, -Requests a Special Permit under Sections 174-25.E.1 and 174- 25.H.6 of the Zoning By-laws for permission to operate a grocery/convenience store (Chaudhry's Market) in a portion of a building permitted for a donut and pastry shop (Honeydew Donuts) on property located in a C-2 zoning district at 44 Falmouth Road (Map 55, Block 18) Mashpee, MA. Members sitting: E. Govoni, J. Regan, C. Hawver Attorney Kevin Kirrane represented the applicant. He explained that the market is now operating at the site and has an occupancy permit. The Building Inspector later determined that the original Special Permit for the donut shop was not specific on the occupancy of the space planned for expansion which is now a market and requested an additional Special Permit application. There was also a Special Permit for signage which was more specific in referring to the donut shop and additional retail use. Mr. Kirrane stated that the proposed use complies with the by-laws and has no negative impacts. Attorney Martin O'Malley, representing Robert McNutt, an abutter, reviewed the original application. He said the State allowed the curb cut based on the application for the donut shop and accessory drive through window. He said the new use is not a permitted use by the State permit. He said the State had notified Mr. Kyros that he was not in compliance with the State regulations which required widening the road. Mr. O'Malley also said that i. Mr. Kyros had not posted the landscape bond or completed the landscaping. He suggested that the application be denied. Attorney Kevin Kirrane stated that there is nothing in the local zoning by-law to require applicant to get state permits. He said Mr. Kyros was trying to coordinate work at the j site with the reconstruction planned for Route 28 and has been granted extensions in the State permits and was working to be in compliance with all permits. Mr. Dorgan explained that it was probable that the State would grant additional permits. {