03/24/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes 4 March 25, 2004 and a 9-foot variance on Annalon Road. Zella Elizenberry seconds the motion. All agree. So moved. John I Trotto: Requests a Special Permit under Section 174-20 (reference expired SP- 98-138) in order to continue with the demolition and rebuild of a 3-bedroom house on property located in an R-3 zoning district at 55 Quaker Run Road (Map 90 Parcel 40) Mashpee, MA. Sitting: Frederick Borgeson, Robert Nelson and Zella Elizenberry. The hearing is called and no one is present to represent the petitioner. Motion is made and seconded to continue until April 28, 2004. All agree so moved. Volta Oil Co: Requests a Special Permit from Sections 174-14, 174-20, 174-24(c), and 174-25 E (1) and (2) of the Zoning By-laws for use as Gasoline/Retail Sales Convenience Store/Eating Place and Service of Food and Beverages on property located in a C-2 zoning district at 414 Nathan Ellis Highway(Route 15 1) (Map 72 Parcel 85) Mashpee, MA. Owner of Record: Holly Tree Nominee Trust, Susan I Musto, Trustee Sitting: Robert Nelson, Zella Elizenberry and Frederick Borgeson. Attorney Kevin Kirrane of Dunning and Kirrane represents the petitioner. They are seeking a special permit in order to demolish the existing gas station and rebuild a new gas station with use for retail, convenience store and an eating and beverage place. Mr. Kirrane informs the board that the building must maintain a buffer of 75 feet to Route 151 —the present building is setback 54 feet—the new one will be 100 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 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. Mr. Nelson reads a memo from the Board of Health concerning air sparing. Bruce Garritt of Volta Oil responds that this matter has been addressed and most of it has been taken out and is now in the monitoring stage. The Board asks that applicant touch base with the Board of Health and that the permit if issued will be contingent on their approval. Mr. Nelson tells Mr. Kirrane what the Planning Board would like to have a chance to comment on the plans although they are not technically in the area where the planning board approval is required. Mr. Nelson would like the words "Planning Board signature required" stricken from the plans. Also the sign for the building is not on the locus and must be removed. Mr. Kirrane agrees to all of these matters and will allow the planning