08/27/2014 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS AUGUST 27, 2014 MINUTES Referencing a plot plan prepared by BSS Design Engineering and Surveying, titled; Plot Plan — Proposed House and existing S.S.D.S. at 124 Summersea Road, Mashpee, MA prepared for Paul Trane, scale 1" = 20', dated July 8, 2014, drawn TJB, job number 14117, no revisions. Title Existing and Proposed, drawing number B22-53. Also making the motion, the Board finds that the dwelling is not substantially more detrimental than the existing non -conforming structure. The new dwelling will be an improvement and conform to current building code requirements, is compatible in size and character to other structures in the neighborhood and there is sufficient parking and setbacks as may be required. Mr. Jodka, seconded, yes, Mr. Furbush, yes, Mr. Reiffarth, yes, Mr. Goldstein, yes, and Mr. DeBarros, yes. All were in favor. Mashpee Commons, LP: Request minor modifications under Special Permit SP -86-04- 024 to address actual built conditions, relocate certain square footage of building space and location of parking areas, and previously approved residential units as permitted on property located in a C-1 Zoning District, at 38 Nathan Ellis Highway, Building 3, (Map 74 Parcel 20), Mashpee, MA. Mr. Tom Feronti, representing Mashpee Commons requesting a minor modification to the Special Permit to address some changes proposed to Building 3 which is Asia Restaurant. • The plan is to provide an addition on the building adding 250 square feet to the foot print of the building and adding 13 seats inside. The additional square footage is reallocated from other future buildings, and will be within the total square footage amount permitted under the special permit. The additional square footage does increase the parking demand by one space, which still leaves an excess of 67 spaces when factoring in supply versus demand. The additional seats increase the waste water component, but with the new waste water treatment facility, there's almost 110,000 gallons of excess capacity in the treatment plant. He stated he went in front of Design Review back in February and the project was divided into two phases. The first phase was done in the spring which encompassed only modifications to the store front. Phase 2 of the project is the added outdoor dining on North Street which is more intensive for the tenant because of the proposed relocations to the bathrooms to outside. The North Street outdoor dining is not being used because the tenant is still amending his liquor license to account for the outdoor dining. At this point, the tenant will wait for approval for the outdoor dining and the additional seating. There's 56 exterior seats. The 13 interior seats are calculated for the waste water. The parking is based on square footage as opposed to the number of seats, and is within the requirement of the Special Permit. The parking requirement for restaurants is four spaces per thousand square feet. There are two handicapped parking spaces in front of CVS, directly in front of the restaurant, three behind buildings on North Street, and within walking distance with ramps • in cross walks. 7