6/25/1997 ZONING BOARD OF APPEALS Minutes

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Board of Appeals Minutes -June 25, 1997 4, with a railing and a privet hedge. There was discussion of the alcohol license at the Market and Mr. Mills explained that it is a package store license and no alcohol can be consumed on the premises, Ms. Hawver moved to grant the Special Permit with the condition that tables be limited to eight tables of four seats and that the site be maintained to conform to the as-built plans of Annino Associates dated June 4, 1997, Mr. Makunas seconded. All agreed. Cooker-Mash-pee Inc. -Request a Special Permit under Sections 174-51B (formerly 174- 51D) and 174-55.17 (revised) of the Zoning By-laws for a 5' x S' freestanding sign and a 30"x 36' back-lit building sign on property located in a C-1 zoning district at 7 Ryan's Way (Map 67, Block 74)Mashpee, MA, (Owner of record: James G. Hairdos TR.). Members sitting: J. Regan, C. Hawver, R, Guerrera Attorney Myer Singer represented the applicant and informed the Board that the Design Review Committee has approved the signage which will include the free standing sign and the sign on the building, The building sign will have back-lighting on the Cooke's section of the sign. The 40 square foot free standing sign will be placed in the location of the temporary sign. Mr. Singer explained that they were applying under the new sign by-laws approved at Town Meeting of May 5, 1997. He stated that the signs will not produce excessive glare and the free standing sign will be lit from the ground. He said the signs would be considered tasteful and would not be detrimental to the community. He explained that under the old by-law the building sign could not exceed 5% and would require a variance and the new by-law allows 10%. The proposed sign is 9%. Mr. Regan asked if Mr. Singer would withdraw the variance. Mr, Regan and Mr. Makunas suggested the Variance be withdrawn and that the Decision should note that the Board is acting under the By-laws approved by the May 5, 1997. Mr. Nelson noted a typographical error on the By-law section number. There was discussion that the sign will be five feet from the ground and the base will be landscaped. Mr, Hauck noted that the new By-law allows the sign to be 5 feet from the property line and it is now at 12 feet. Mr. Singer said all the signs had been approved earlier but that a Special Permit for the signs was not included in the application. Ms. Hawver moved to grant the request for the Special Permit granted under the new By- law. The signs will not have excessive glare. Ms. Hawver referenced the landscape plan for the location of the sign Plan 96-176 dated June 23, 1996. She noted that a Variance was not required. Mr. Guerrera seconded. All agreed.