02/24/2010 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes Board of Appeals February 24, 2010 Attorney Kirrane said that picnic tables will not be placed on the site until after the bathroom facilities are made available. Mr. Bonvie questioned what provisions will be made for the swale maintenance and inspection. Mr. Nelson asked the Board to decide on whether to require paving or reclaimed paving. He asked Mr. Slavinsky about the difference between the two different kinds of paving with regard to runoff. Mr. Slavinsky clarified the permeability and water seepage value of both types of paving. The Board members discussed the paving alternative and decided that it would meet their stringent requirements. Mr. Nelson questioned the owner, Mr. McCarthy, about the menu. Mr. McCarthy said that the limited food preparation is whatever is required to make the fish and chips and fried clams. Fillets will be delivered and there will be no cutting of fish on site. Mr. Nelson asked Mr. McCarthy if he wanted to be limited to just fish and chips and fried clams, rather than limited food preparation. Mr. McCarthy said that the landlord will not allow him to offer anything other than seafood in order not to compete with what is offered at the Picnic Box. He said that the menu will be limited to seafood, soft -serve ice cream and soft drinks. Attorney Kirrane said that he did not feel it was appropriate for the Board to limit restaurant menus. Mr. Nelson felt that the proposal is changing a "fish store to a general store." Attorney Kirrane disagreed that the change was going to be quite that significant and commented that a general store is an allowed use in that zoning district. Mr. Nelson moved to grant the Modification of a Special Permit to the Petitioner, subject to the following Design Review Committee's recommendations regarding: • the dumpster. • • Board of Health approval. picnic table restriction. • installation of the reclaimed asphalt in the additional parking spaces. This Decision is 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". Mr. Furbush seconded the motion. The vote was unanimous. CONTINUED HEARINGS FROM JANUARY 13, 2010 Joann Wilson: Requests a Special Permit/Finding of Fact under Sections 174-17, 174-20, 174-24 and Massachusetts General Laws Chapter 40A § 6 for permission to demolish a pre-existing, non -conforming structure on property located in an R-3 zoning district at 12 Rock Island Road (Map 128 Parcel 24) Mashpee, MA. Joann Wilson: Requests a Variance from Section 174-31 of the Zoning By-laws for permission to vary the side setback and lot coverage requirements in order to replace a pre-existing, non -conforming structure on property located in an R-3 zoning district at 12 Rock Island Road (Map 128 Parcel 24) Mashpee, MA. 0