02/24/2010 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes Board of Appeals February 24, 2010 Mr. Forbush read the Petition into the record. Attorney Kevin M. Kirrane represented the • Petitioner. Mr. Michael McCarthy, principal operator of the property, also attended the meeting along with his business partner, Mr. Thomas Ellis. Attorney Kirrane addressed the Board and said that the Petitioner has been operating under a lease with Mashpee Commons Limited Partnership at the subject property for approximately one season. The Petitioner has met with the Design Review Committee on two occasions and has made every effort to incorporate the Committee's recommendations into the proposal. Attorney Kirrane said that the dumpster is serviced at night so as to not interfere with parking and customers. Attorney Kirrane said that the proposal calls for installation of a minor addition to the building with take-out windows. The Design Review and Plan Review Committees expressed concern about customer safety. Installation of fencing and bollards will direct traffic away from customers and provide protection. The plan includes additional parking and lighting. Food service will not be provided outside of the building. Picnic tables will be provided. The menu will consist of seafood products, beverages, and soft -serve ice cream. Mr. Dorsey questioned if there are any plans to remedy the atrocious shape of the parking lot. Attorney Kirrane said that the existing condition will be maintained. Mr. Nelson objected to the idea that the Board would require a tenant to expend a large amount of money to repair the parking lot. Mr. John Slavinsky from Cape & Islands Engineering also represented the Petitioner and confirmed that the proposal calls for 23 parking spaces. He said that the By-laws require only one handicapped parking space to every 25 parking spaces, which will be provided. Mr. Nelson said that he wanted verbal/written approval from the Board of Health. Mr. Nelson referred to the following recommendations of the Design Review Committee concerning the proposal: • the dumpster should 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. • designation added on the plan as a non -turtle area. • the parking lot shall be paved with additional spaces added. • applicant must remedy issues with the walk-in cooler. • applicant must go through the BOH if outside seating is made available. • guard rail will conform to standards for handicapped, with vertical posts, not horizontal. Attorney Kirrane referred to § 17441 (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." He suggested that the Board of Appeals has the flexibility and the authority to waive the requirement for the Petitioner to provide paved surface to the additional parking spaces that are being added. The proposal calls for reclaimed asphalt paving in the parking area. 9