07/24/2019 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES DULY 24,2019 413 Nathan Ellis Highway (Route 151): Petitioner, Industria Development Group, Inc. requests Variance relief under §174-31 (front yard setback of 75' from paper road), §174- 31 FN.14(natural state buffer), §174-37(location of parking), §174-27.2.B2(c),and§174- 82.A.4 (use of drywells), §174-41 (m) (Landscaping within parking area),. and §174-40 (access way separation (possibly) to allow for construction of a 9,975 sq. ft. retail use building together with accessory parking on property located in a C-2 Zoning District, (Map 72 Parcel 56A),Mashpee,MA. (Owner of record:Robert A. Lebewohl Family Trust 1980). Attorney Kevin Kirrane represented Industrial Development Group who owns the property situated on Ninigret Ave and Nathan Ellis Highway (Rte. 151). The property was the former site of the Cherrystones Restaurant that burned down in early 2007, and nothing has been built on that site since the fire.The vacant lot consist of approximately 51,000 sq. ft. A significant portion of the lot remains stripped of any growth being the location of the former restaurant building. The lot is unique to other sites in the C-2 Zoning District because it is bordered on two sides by Ninigret Ave and Nathan Ellis Highway,and a paper road called Wampanoag Avenue which has never been built. The lot is transected by the Water Protection District,which limits the types of uses allowed on the site. — Attorney Kirrane made a correction stating the size of the building is actually 9,993 sq. ft. The building itself is a rectangular shaped single story structure. The building will largely consist of a retail and storage space with two bathrooms and a small employee area. There is a proposed access from Ninigret, and access onto Rte. 151. The property is situated in the C-2 Zoning District which is in a commercial zone, and has certain criteria that was adopted after the lot was created. The initial restaurant use was - created as well,and as a result requires variance relief.There is a front yard setback request from the paper road which will never be constructed. The project meets the 75 ft. setback from Ninigret, and Rte. 151,but does not meet the 75 ft. from the paper road. Ron asked how long the paper road consisted on the lot.Attorney Kirrane said it runs along the whole length of the lot.It could be shown on an old land court plan,and unless someone is going to build the road,it will never be used. Jonathan wanted to know who owns the road now. Attorney Kirrane said it is part of the lot that is under agreement.Ron said that there could be rights of passage from the abutter. Attorney Kirrane said the owner would have to go to land court, and research the abutters. Ron is concerned about the possibility of ownership to that paper road. It's very costly to research in land court, and that is the reason for the request for the 75 ft. variance relief. The building is designed so it conforms to the side yard setback,so it will meet the setback if that line is considered the side yard. 12