11/13/1996 ZONING BOARD OF APPEALS Minutes

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Board of Appeals Minutes -November 13, 1996 2. Govoni stated that state law allows expansion of non-conforming structures and uses and the courts have upheld this. She said she had spoken to Conservation that was told they would not object to moving the house. Mr. Hayes said they cannot go beyond Popponesset Creek because of state licensing. Mr. Nelson asked if the area of the deck could be cut back 5' and allow the structure to be moved 5' from the adjoining property line. Mr. Hayes said they would have to have the Conservation Commission approval to allow the house to be moved. Mr. Regan moved to grant the Special Permit with the condition that the sideline setback be increased to 15 feet on the west side subject to the approval of the Conservation Commission and the submission of revised plans and certification of the height. Ms. Hawver seconded. All agreed. Stephen C. Kyros TR. -Requests a Special Permit under Sections 174-5 LB and 174- 553, C and D to allow a sign in excess of twenty(20) square feet and additional building signs, on-site directional signs and menu sign on property located in a C-2 zoning district at 44 Falmouth Road (Map 55, Block 18)Mashpee,MA. Members sitting: E. Govoni, I Regan, C. Hawver Attorney Kevin M. Kirrane represented the applicant and presented sign layouts and a site plan indicating the location of each of the signs. He said Design Review has approved the signs and that he is before the Board for a Special Permit for the large sign which exceeds 20 square feet as well as the small menu sign and other building sign. He explained that these signs do not exceed the 10% of the square footage of the building. Mr. Govoni said that a mock up of the sign had been placed on the site. Mary Olson, an abutter, questioned the lettering on the sign and Mr. Govoni replied that it conformed to the new sign by-laws. Mr. Regan asked about the lighting and Mr. Kirrane said there would be spotlights. Herb Burack, a resident of Mashpee, asked where sign would be located and Mr. Govoni said it would be in the center of the lot. Mr. Plummer, an abutter, asked if additional tenants would be listed on the signs. Mr. Kirrane said that the main sign now will be 28 square feet and they are allowed 40 square feet if additional listings are necessary. Mr. Nelson noted that the main sign is within the Commonwealth Electric easement and Mr. Kirrane said they would have to get permission from them. Carla Roy, property manager of Pheasant Run, asked for the size of the sign and Mr. Govoni said it would be 42"x 8' or 28 sf. Ms. Hawver moved to grant the Special Permit for a primary sign of 28 square feet, and a 2' x 3' directional sign, a 36 inch by 72 inch menu sign, a building sign and stop sign. Mr. Regan seconded. All agreed. Mr. Regan stepped down from the Board for the following hearing.