08/22/2007 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes • 4 August 22, 2007 Heritaee Eauitv Limited Partnership: Requests a Modification of an existing Special Permit (1974-4) from Section 174-25 E (1) of the zoning by-laws to incorporate a text change in permit to now read "retail" instead of "liquor retail" on property located in a C- 1 zoning district at 684 Falmouth Road Unit B (Map 81 Parcel 24A) Mashpee, MA Master Deed reads: "Mashpee Professional Center Condo Trust" Heritage Equitv Limited Partnership: Requests a Special Permit from Sections 174-17 and '174-20 of the zoning by-laws to alter, change and demolish a pre-existing non- conforming structure and site improvements on property located in a C-1 zoning district at 684 Falmouth Road Unit B (Map 81 Parcel 24A) Mashpee, MA Master Deed reads: "Mashpee Professional Center Condo Trust" Heritaee Equity Limited Partnership: Requests a Variance from Sections 174-38, 174-39 and 174-41 of the zoning by-laws to seek relief from parking facility dimentions, required number of spaces and parking lot design (buffer) on property located in a C -I zoning district at 684 Falmouth Road Unit B (Map 81 Parcel 24A) Mashpee, MA Master Deed reads: "Mashpee Professional Center Condo Trust" Sitting: Robert Nelson, Zella Elizenberry, Jonathan Furbush, James Reiffarth and George Bolton. • John Ellis of Baxter and Nye Engineering is present, along with Ernie Virgillio — Project Supervisor and Attorney Don Megathlin who represents the Talanian properties are all present to request the Special Permit and Variance for subject property. There are two Special Permits being requested; one is to change the language from "liquor retail" to simply "retail"; and the other is to raze and replace the existing building. The Variance request is for parking dimensions and the rear buffer zone. Town Counsel, Pat Costello was asked to render his opinion on how to proceed with the demolition of this building and the proper way to handle the permitting. The first special permit entails modifying the existing special permit (1974-4) to remove the word "liquor" and therefore requesting a use permit for retail sales. Attorney Megathlin presents his request to the Board for their review and it is requested under the Section 174-25 E(1). Zella Elizenberry makes a motion to grant the Special Permit. Robert Nelson seconds the motion. All agree. So moved. The second Special Permit is for the demolition of the building and rebuild of the new building in the same foot print. Attorney Megathlin states that it will be a significant improvement to the neighborhood, is less detrimental that what is currently there and the building will be reduced by 426 square feet. There are 15 parking spots that exist and the applicant is planning to build 21 spaces. The Board refers to the dumpster on the plan and asks that one more parking spot be put in over there. Paul Peters, a direct abutter supports the new building. Attorney Megathlin points out that new engineering will be • completed and that landscape and site plans will improve the new building. Jonathan Furbush makes a motion to grant the Special Permit. Zella Elizenberry seconds the