02/02/2005 ZONING BOARD OF APPEALS Minutes

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r � J Zoning Board Of Appeals Minutes 2 February 2, 2005 from Town Planner — he reiterated that there are no drivethru's allowed in a C-2 zoning district. He also asked Mr. Ford why he did not file Section 174-25 f (7), which references things such as a Dunkin Donuts. Mr. Ford stated that Town Counsel's opinion of the 174-17 section would allow the Board to use their discretion to vote favorably on this proposal should they find it less detrimental than the existing structure; thus Mr. Ford's use of section 174-17 in lieu section 174-25 f (7). The Board discusses using Quippish Road as an entranceway into the shops to diminish the impact the traffic would have at peak hours. Mr. Furbush asked questions regarding the information in the traffic study and how that would impact the neighbors living on Quippish Road. Mr. Rizzo, Engineer for petitioner discussed the traffic impact with the board. Mr. Nelson stated that this proposal would make the traffic worse, not better. There were also some questions as to whether or not Quippish Road is a public or private way. Mr. Ford presented the Board with subdivision plans from the registry of deeds and found it to have public use but was never laid out as a public road as we are familiar with that term. Mr. Chevalier of 22 Quippish Road spoke and informed the Board that the neighbors plow, maintain and grade the road at their expense. Mail is not even delivered down that street, therefore they are informing the board that it is a private road per the DPW. That road will need much work if applicant moves forward with this proposal. Mrs. Chevalier of 22 Quippish Road says that right now she can see the Santuit Inn from her bedroom window even through the trees in the summer and the thought of having a dunkin donuts with a big dumpster out back and a drive thru so close to her bedroom really concerns her. Some discussion ensues regarding the entrances and what would be best for everyone. Zella Elizenberry feels she would like to see one way in and one way out designed for them to look at. Mr. Nelson mentions that the applicant has not gone through Plan Review. Mr. Ford informs the Board that they initially did go there and they were told to proceed to the ZBA first while the Design Review Committee encouraged them to build a drive-thru. The Board questions why the Design Review would recommend a drive thru when they are not allowed in that district to begin with. Mr. Nelson informs Mr. Ford that part of the roadway on Quippish Road is in the town of Barnstable and asked if they have filed with the town of Barnstable yet. Mr. Ford says they have not. Mr. Furbush asks applicant if there is sufficient parking for the proposed development. Mr. Rizzo answers that there are 76 proposed and only 55 are required. Mr. Regan tells the applicant that the Board will need to digest the traffic study since this is the first they have seen of it and perhaps Mr. Ford and the neighbors could get to together on some type of agreement that make everyone happy. Mr. Regan also asks to have the Town Planner's opinion of where the roadway lies. Mr. Nelson suggests that an avenue of solution may be to petition the town meeting for a change in the zoning district. The Board agrees to have this continued until February 23, 3005. All agree. So moved. Wavne MacKinnon: Requests a Variance from Section 174-31 of the Zoning By-laws to seek relief from the current setback requirements and landspace requirements in order to build a new dwelling on property located in an R-3 zoning district at 17 Cross Street Map 128 Parcel 21) Mashpee, MA.