02/22/2012 ZONING BOARD OF APPEALS Minutes

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,"6yUNT, y� Town of Nashpee • 16 Great Aeck- Road JVorth w Mashpee, Massachusetts 02649 MASHPEE ZONING BOARD OF APPEALS FEBRUARY 22, 2012 MINUTES The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, February 22, 2012 at 7:00 p.m. (Conference Room #2) at the Mashpee Town Hall, 16 Great Neck Road North. Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell, James Reiffarth, and Ronald S. Bonvie, and Associate Board Members John M. Dorsey and Judith M. Horton were present. Building Commissioner Richard E. Morgan attended the meeting. Chairman Robert G. Nelson opened the meeting at 7:00 p.m. PLEDGE OF ALLEGIANCE OTHER BUSINESS Distribute/Discuss: List of retail items for sale at gas station on property located at 723 Falmouth Road. • Attorney Ford reminded the Board that one of the conditions of Special Permit SP -2011- 39 required the Petitioner to submit a list of proposed retail sale items on the subject property to the Building Department and the ZBA. The ZBA office received the list in a memo dated February 10, 2012 from Vanasse Hangen Brustlin, Inc. Building Commissioner Richard Morgan said that he is aware that the ZBA approved the site plan, but expressed concern about safety with the location of the soda machines. He asked where the items for sale - cigarettes, anti -freeze, oil, windshield wiper fluid and wipers, candy and soda - are going to be stored on the property. Mr. Morgan said that a speeding driver could pose a potential problem for customers entering and exiting the kiosk to purchase the retail items. Attorney Ford said that the Design Review and Plan Review Committees approved the location of the vending pad and vending machines. He questioned why the Building Commissioner is raising safety concerns now. He said that, if the ZBA insists, the Petitioner would relocate the vending pad and vending machines. Attorney Ford said that the oil and anti -freeze would be stored in a metal container on the property. Attorney Ford said that the Petitioner's policy has always been to sell products no larger than the smallest unit sold in a retail store. Attorney Ford reiterated that there would be no storage of retail sale items on the property. Items for sale would be replenished by delivery truck. Mr. Nelson stated that the smallest unit of soda sold at a retail store is an • 8 oz can. Attorney Ford said that the vending machines would dispense 12 -oz cans.