04/27/2005 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes 6 April 27, 2005 • Eric Shaw represents himself at this hearing. He is seeking a variance in order to build a garage onto his house. Although the lot is large in an of itself, there is a utility easement that prevents him from using the other part of his lot. There is a notation from the Board of Health that he needs a septic inspection. Mr. Shaw will take care of this matter. Frederick Borgeson moves to grant a 13 foot variance on the side yard. Marshall Bern seconds the motion. All agree. So moved. Reference plans from Cape & Islands Engineering, dated March 29, 2005. Couto Management Group, LLC: Requests a Special Permit from Sections 174-17, 174-24 and 174-25(e)(1) and (2) of the Zoning By-laws in order to alter a pre-existing non -conforming structure, to raze and replace with proposed building to allow for commercial use of property under 10,000 square feet of combined floor space on less than 10 acres in the C-2 district; and use for retail and restaurant to construct a single story building consisting of a Dunkin Donuts restaurant with a drive through window and five additional retail units on property located in a C-2 zoning district at 6 Falmouth Road/Rte 28 (Map 55 Parcel 7) Mashpee, MA. Owner: Marion Augusta Sitting: Robert Nelson, Zella Elizenberry, Marshall Brem, Frederick Borgson, Evano Cunha, Jonathan Furbush Attorney Michael Ford represents the applicant at this continued hearing. Mr. Ford • informs the Board that the original application was filed in December, 2004 and that they are in dire need of a decision tonight. They have done everything the Board has asked in addition to going to the Planning Board when he feels they did not need to. To update and review, they have now proposed full access on Quippish Road and a right turn in only on Route 28. They are willing to pave part of Quippish Road and went to the Planning Board to see how they felt about this road work. They also received Mr. Rowley's comments 24 hours ago and have briefly been able to review the requests. They believe they can accommodate most if not all of the requests. Mr. Ford indicates to the Board that it would have been more expidicious to have had Mr. Rowley on board from the beginning and this has caused them much delay at the 11°i hour which they feel is unfair Mr. Nelson mentions a retaining wall that is very high. This is part of the building code and part of getting a building permit. . Mr. Nelson feels they needed time to interpret this by-law properly and will need to go to Town Counsel for his interpretation of whether or the ZBA has the authority to allow a full access on Route 28 when they have frontage on Quippish Road. Mr. Nelson is of the mindset that they must use Quippish Road if they have frontage there. The neighbors are very upset about a full access on Quippish Road. Mr. Ford mentions they have tried to work out something with them but they basically do not want ANYTHING to go there. The neighbors again speaking in opposition are: Kristin Antoine, Heather Chevalier and Agnes Murray. Ms. Chevalier mentions the dumpster being a problem right in front of her bedroom and the lighting at night. They mention the same issues they have been • concerned with such as traffic, safety and entering their property during peak rush hours. Ms. Antoine tells the Board she does not want to stop their progress however she is very