7/8/2020 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JULY 8,2020 100 Great Neck Road North: Petitioner, Fausto Abreu d/b/a Cape Cod Appliance Liquidators requests a Written Finding under §174-17 of the Zoning Bylaws to change a pre-existing,non-conforming use from a strip club/bar/restaurant to an appliance sales and showroom occupying 3,000 sq. ft. on property located in an R-5 Zoning District, Map 45 Parcel 3, Mashpee, MA. Owner of Record: Juan Marichal, Trustee of the River Bend Village Trust. Attorney, Rob Mills represented the Petitioner Fausto Abreu who owns and operates Welcome Appliance in Hyannis, and he is applying for the proposed business called Cape Cod Appliance. The property owner Juan Marichal was also present. Attorney Mills said the proposal is for an appliance use in a portion of the property that was formerly Zachery's Pub. The area would be to the left side of the building and will consist of 3,000 sq. ft. The business is for the sale and display of pre-owned appliances such as refrigerators, freezers, washers, and dryers, and other household appliances. Mr.Mills said that the Hyannis location is mostly an online business, and these appliances are delivered from an off-site location. Customers can go to the business location to view the products or order line. Mr. Abreu is proposing to conduct business between 10:00 am and 6:30 pm, Monday through Saturday. The hours of operation are significantly reduced than the previous business that existed. Also the occupancy at the former establishment held approximately 291 people,and there will generally be 10 people maximum in the store at any given time.There are no exterior changes being proposed to the building at this time. The Board should find the change of use is not substantially more detrimental to the neighborhood than the former use. Mr. Fausto Abreu has owned Welcome Appliance for over one year. He buys used, and new scratch-and-dent appliances from the States of New York, and New Jersey, and sells the appliances at a lower cost.He believes he is providing the Cape an easier alternative to search for ready available appliances. He generally gets his products from trade by Lowes and other home building supply stores. The customer can purchase and take the appliance the same day. He said there will be at least 3 to 4 employees. The space will be an open warehouse area so people can view the products. He believes this will be a productive business for the Town of Mashpee. Bill mentioned that he read the Plan Review minutes dated July 7, 2020, and believes the motion from the minutes could be read into the record. Jonathan spoke about the concerns listed in the draft minutes by Catherine Laurent, DPW Director regarding the parking lot drainage issues and wants to see some improvements. He mentioned the comments made by Evan Lehrer, Town Planner regrading a 2-year sunset based on the closure of Zachary's. He asked when Zachary's actually closed. He read an email sent by the Selectmen's office to Mr. Mills. He doesn't believe there is an issue with the Special Permit lapsing. Jonathan wanted to confirm that the Special Permit two year window expires on May 23, 2021. Jonathan wants to get some commitment regarding the concerns from the DPW Director. 6