02/24/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Volta Oil, Co. Board of Appeals Holly Tree Nominee Trust 2 Susan J. Musto, Trustee SP-04-39 feet setback from Route 151, which will make the new building no longer a non- conforming building. The Design Review Committee approved the plans. The plans call for 2 service bays to be eliminated and to add a sandwich shop and retail sales. This will generally serve as a"grab a sandwich while you get gas"rather than a restaurant, which would produce more traffic if it were a restaurant and be more detrimental on the water system. These types of sandwich shops seem to be the trend as others in the area are well established and compatible with the area. The replacement of the old gas station with a state of the art facility will be more aesthetically pleasing to the area and less detrimental that what is currently existing. Applicant has met with the Board of Health and agrees to work with them for their permitting. Town Planner had asked to review and comment this project and the applicant agreed. Mr. Fudala's comments were addressed and worked out with applicant. There were many discussions with the Board regarding parking, buffer zones, signs, building presence both exterior and interior. The Board discussed in detail the leasing of tenants and it is decided it will be a sandwich shop with no drive through availability. Discussions ensured regarding pedestrian walkway, drainage calculations, and entiyway and exit ways for the business. The Board asked applicant to allow the Town Consulting Engineer, Charles Rowley to comment the storm water drainage calculations. The Applicant agreed and Mr. Rowley's conditions will be met by applicant as well. (See letter of May 12, 2004 by Mr. Charles Rowley). Zella Elizenberry moves to grant this special permit. Richard Guerrera seconds the motion. All Agree. This permit will reflect only that which is designated on plans by Norfolk Ram Group, LLC of Plymouth, MA, dated April 25, 2004 and attached hereto. Special Permit Criteria § 9 of Chapter 40A requires: "that the permit granting authority determine that the proposed use and development are consistent with applicable law, rules and regulations; that there will be no adverse effect on public health or safety; that there will not be an excessive demand upon community facilities created as a result of the proposal; and that there will not be a significant adverse impact on the environmental factors listed in Section 174-24.C.2.".