01/24/1996 ZONING BOARD OF APPEALS Minutes

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Board of Appeals Minutes - January 24, 1996 3 Doe Family Trust IU 99 West Inc.-Request a Special Permit under Section 174-25.E.2 of the Zoning By-laws for permission to construct a 146 seat restaurant with accessory parking in a C-1 zoning district on property located at 8 Ryan's Way(Map 67, Block 75) Mashpee, MA. Members sitting; E. Govoni, J. Regan, K. Marsters Attorney Kevin Kirrane represented the applicant and presented a site plan which had been revised to reflect the January 17 recommendations of the Design Review Committee and traffic studies. The plan includes revised landscaping plans and was accepted by the Design Review earlier this evening. He explained that the owners had improved landscaping to provide more of a buffer with the condominium complex at the rear. He explained that the application included requests for two variances -- one in size of parking lot and the other to vary the need for 200 feet between accessways. The parking stalls would be 9' x 18' which was allowed in the Stop and Shop complex. He explained that the connection to the adjacent parcel has been reduced in width. The proposed restaurant is for 158 seats and will create 80 jobs. Mr. Kirrane stated that the building has been located to create greater buffer between the residential and commercial zones and the applicant's experience with parking patterns and required number of spaces from their other 33 restaurants. He said that the location of the building was also influenced by the location of a well across the street and that the traffic studies of the area indicated that the planned access was the most logical entrance to the property from Ryan's Way. The access also permits direct access to the building by the Fire Department. Ron O'Brien, engineer, reviewed the lighting plan and said they are planning 2 - 3 candlepower with white light similar to that of the Stop and Shop. He also explained that they have answered all of the questions on drainage from DPW Director R. Gregory Taylor. Mr. Kirrane explained that they have changed colors on the building at the suggestion of Design Review and now plan on pale gray with cranberry trim. Mr. Govoni said the design of the building roofline has also been changed. Mr. Govoni reviewed correspondence received from the Board of Health, Director of Public Works,Town Planner and Mashpee Commons Ltd. Partnership. Mr. Doe, the owner, noted that the number of parking spaces reflected the need for employee parking and he wanted all parking contained on the site. Edward Baker, a resident of Pirate's Cove, spoke against the application because of its impact on the Mashpee River. He reviewed information on the nitrogen loading of the Mashpee River from a draft of a Cape Cod Commission report. He said the river could not tolerate additional nitrates. Stephanie Jones, a resident who lives on the Mashpee River, said the river should be preserved. Mr. Govoni stated that he was a member of the Coastal Resources Committee and was concerned about the river but that many of the problems with the nitrogen loading were caused by failed septic systems on the river. He explained that the Board had no authority on the septic system and this was under the