9/9/2020 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES SEPTEMBER 9, 2020 Attorney, Rob Mills represented the Owner, Juan Marichal, and also Mr. Java who intends to run the Wigwam Pantry. Mr. Java currently operates the Shell Gas Station and convenience store on Rte. 130. Mr. Java believes this location is well suited for several reasons, such as easy access, and easy egress, and will be well received by the public. He intends to provide coffee, soft drinks, groceries, lottery, but does not intend to offer prepared foods. He intends to be open between the hours of 6:00 am to 11:00 pm in the evening, seven days a week. The area for the store is the furthest most right portion of the building and consists of 2,000 sq. ft. At the previous hearing for the appliance store,there was discussion regarding the drainage, changes to the septic, and drainage in the parking area which is an ongoing process. There is no plan for exterior changes to the building except some doors and windows that Mr. Java will be utilizing. There will be a partition wall installed of the interior between the two businesses. Mr. Mills believes the Board can determine a finding that this proposal will not substantially more detrimental than the previous use. Mr. Mills said they presented the proposal before Plan Review, and the committee made some specific inspectional service requirements prior to receiving a building permit. Chairman Furbush asked Charlie the total number of parking spaces. Mr. Mills said that the business doesn't expect any more than five vehicles at a time. The parking plan they provided only includes the convenience store area, not the entire building. Jim Reiffarth commented that the Board can refer to §174-39 of the bylaws that lists the parking space requirements. Sharon said that there are 11 spaces on the parking plan that was submitted for the retail space only. Mr. Marichal said that there are 8 parking spaces for the appliance store, and 11 spaces for the convenience store. Mr. Bonvie mentioned he had a discussion with some residents, and asked how long Zachary's has been closed, and how long does the pre-existing non-conforming use of club/bar/restaurant exist. Mr. Mills said that the club has been gone a little over one year. Charlie said that the use lasts two years. Ron asked Charlie if there is some criteria regarding a change in use. Charlie said it's considered under Section 174-17. Charlie agreed that there are plenty of parking spaces. Chairman Furbush asked Juan Marichal to provide a definitive parking plan. Charlie said that there needs to be van accessible parking spaces, and Juan will need to discuss that with him. Sharon read the Board of Health comments dated September 9, 2020 into the record, and the Conservation comments into the record dated August 31, 2020. Mr. Bonvie believes there are a lot of outstanding drainage issues that need to be rectified, and he has concerns. Bill said the Building Department is required to review these issues. Charlie said he will be involving the DPW and Board of Health to review. Sharon mentioned that she was present at the Plan Review meeting, and Catherine is well aware of the drainage issues as well as the other departments. Mr. Furbush agreed that this is definitely a Building Department concern. Charlie agreed with Mr. Furbush. 3