02/24/2010 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Yarmouth Fish and Lobster, LLC d/b/a Mashpee Fish and Lobster OWNER OF RECORD: Mashpee Commons Limited Partnership 528 Falmouth Road Mashpee,MA 02649 SP-10-03 Mr. Nelson questioned the owner, Mr. McCarthy, about the menu. Mr. McCarthy said that the menu will be limited to seafood products, soft-serve ice cream and soft drinks. He submitted a copy of the proposed food items. The Board questioned if the Petitioner plans to remedy the current condition of the parking lot. Attorney Kirrane referred to §174-41 (F) of the By-laws, which reads: "Unless alternate paving is approved by the permitting authority, all parking areas and driveways shall be constructed on a base of not less than eight (8) inches of good binding gravel or other suitable road base material, properly shaped and compacted." The proposal calls for installation of reclaimed asphalt paving in the parking area. Mr. John Slavinsky from Cape &Islands Engineering also represented the Petitioner and clarified the difference between paving and reclaimed paving with regard to runoff, permeability and water seepage. The Board discussed the paving choices. The Petitioner plans to incorporate the recommendations made by the Design Review and Plan Review Committees into the proposal. Installation of fencing and bollards will direct traffic away from customers and provide protection. No comments were received from abutters. In view of the foregoing, the Mashpee Zoning Board of Appeals found that the Petitioner met the criteria necessary to grant a Modification of a Special Permit. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously on February 24, 2010 to grant a Modification of a Special Permit to the Petitioner. This Decision is conditioned upon compliance with the following Design Review Committee's recommendations: • the dumpster shall be moved at least 25 feet from the building, covered and enclosed, and situated on a cement slab, with room made available for a recycling container as well. • reclaimed asphalt paving shall be installed in the additional parking spaces. • outside seating must receive Board of Health approval. • bathroom facilities must be provided if outside seating is available. This Decision is also conditioned upon compliance with Cape & Islands Engineering plan entitled: "BLDG.NO.528 FALMOUTH RD. TOWN MAP 74 PARCEL 16, SITE PLAN ALTERATIONS LOCATED IN MASHPEE, MASS. PREPARED FOR MASHPEE FISH &LOBSTER. DATE: OCT. 19, 2009, REVD.FEB.23,2010". 2