04/09/2014 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS APRIL 9, 2014 MINUTES Mr. Furbush stated the Variance is not required with a Written Finding. Mr. Jodka made a motion that the Zoning Board of Appeals withdraw the Variance for Christopher Joe and Lisa Joe's under Article VII §174-31 (Land Space Requirements) of the Zoning By-laws to vary the rear, front, and side setback requirements for construction of a new single- family dwelling on property located in an R-3 Zoning District at 47 Monahansett Road, (Map 123 Parcel 102), Mashpee, MA. Mr. Furbush seconded, the withdrawal, Mr. Blaisdell, yes, Mr. Reiffarth, yes, Mr. Goldstein, yes. All were in favor. Christos Varetimos: (Brickyard Marketplace Nominee Trust): Request a modification under Special Permit SP -98-83 to place a 16 foot by 10 foot cooler/freezer in rear of retail restaurant on property located in a C-2 Zoning District at 439 Nathan Ellis Highway (Map 72 Parcel 23), Mashpee, MA. (Owner of record: Stephen Berish, Trustee). Chris Varetimos, representing himself stated he owns The Pizza Guyz restaurant located at 439 Nathan Ellis Highway, Route 151 in the Brickyard Market Place. He is proposing to add a walk-in cooler in the back in an area used by employees only, and looking to occupy one of the parking spaces and possibly two. The reason is to free up some space inside the kitchen by removing the walk-in freezer and, place a larger one outside to expand the storage. • Mr. Jodka stated he viewed the site, and in his opinion will not be disturbing any neighbors, or parking spaces for patrons. He noticed there is plenty of parking in the front of the building. Mr. Morgan spoke to Glen Harrington, Board of Health and thought it would be possible to move the.dumpsters together, but the dump trucks would not be able to maneuver. Mr. Varetimos stated the area for the cooler is approximately 8-10 feet away from the dumpster, and stated the dumpster pen is probably twice as big then is needed. There is a fence located between the dumpster and the proposed cooler. Mr. Goldstein asked if the Board of Health was concerned about the location. Mr. Morgan stated that Glen would prefer the cooler be closer to the building. Mr. Forbush read the Board of Health comments; "BOH has no objections but would prefer the cooler/freezer unit closer to the building. Applicant is to request an amendment to their food permit with the BOH." Mr. Varetimos stated the reason it will be placed next to the dumpster is because the owner requested that area. He would have preferred outside the back door, and said the Fire Department and tenants were fine with it, but the landlord requested it be placed next to • the dumpster.