04/28/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes 2 April 28, 2004 Peter Sullivan of Sullivan Engineering represents the Duncan's at this hearing. Petitioners are seeking a special permit for a pier, ramp and float and a variance so they may exceed the 70 feet maximum length of the dock. They have been approved by Conservation for a 6 x 25 foot float along with the other plans and Shellfish has approved them as well. The Board begins to review several sets of plans and soon realize there are 2 different sets of plans on file. Mr. Sullivan apologizes for the confusion and explains that 2 sets of plans were given to the Shellfish Warden for him to choose from and the document that was revised April I"was the wrong one put onto the poster board. After the correct plans are showed to the Board, they discuss the length of the dock. It is decided that the variance needed according to the plans on file would be approximately 35 feet from MHW. Marshall Brem moves to grant the Special Permit for the pier, ramp and float. Robert Nelson seconds the motion. All Agree. So moved. Marshall Brem moves to grant a 35-foot variance from MHW. Robert Nelson seconds the motion. 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 J. Musto, Trustee Sitting: Robert Nelson, Zella Elizenberry and Frederick Borgeson. The hearing opens then Mr. Bergeson steps down due to a conflict. Mr. Nelson appoints Richard Guerrera to sit on this hearing. Attorney Kevin Kirrane represents the petitioner at this hearing. They are again before the ZBA from 2 previously continued hearings. Mr. Kirrane now presents the Board with his comments from the memo from Mr. Fudala—"Town Plainer. He also submits a Storm Water Management document for the Board's review. Mr. Kirrane goes into some detail about the new proposed portions of the drainage system that would improve the area such as oil and gas separators and an infiltration system that will help with the nitrogen removal. The Board discusses the parking situation. At present there are 32 spaces proposed—an overkill at best. They discuss 9 '/Y feet wide spaces vs. 9 feet wide spaces; most of the Board sees no difference in 6 inches one way or the other. Mr. Nelson addresses spaces 41-8 that are at the pumps and feels these should not be labeled "parking spaces". A long discussion ensues regarding parking, how many spaces are appropriate and how this parallels with the number of seats/tables inside the eating facility. Mr. Brem asks how many tables there will be and equates part of the parking spaces to be linked to the number of tables. The Board discusses what type of"sandwich shoppe" will be inside the convenience/gas station: There is discussion of a "subway" and a"D'Angelos". The Board clearly infers they do not wish to see anything with "yellow arches" show up there. Mr. Kirrane indicates that without permission for a drive-thru such an option would not be sought out. There is a suggestion by Zella Elizenberry to have a walkway from the pumps to the gas station for safety purposes. Petitioner is amenable to that. There is a discussion of traffic flow into and out of the gas station—would one particular branded sandwich shop produce more traffic than a no name sandwich shop? The Board believes it would. How many parking spaces are really necessary and how does all of this pavement affect the buffer zone required by the by