07/14/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes 4 July 14, 2004 Plymouth Savings Bank: Requests a Special Permit from Section 174-54 of the Zoning By-laws in order to have signage and illumination in a commercial district on property located in a C-1 zoning district at 6 Shellback Way(Map 81 Parcel 36) Mashpee, MA. Owner: Charles C. Hajjar Trust, Falmouth Road Trust Attorney Kevin Kirrane represents Plymouth Savings Bank at this hearing. Also present is Mr. Louis Kruger, Sr. Vice President of Plymouth Savings Bank. They are seeking a special permit along with a variance in order to build an addition to the existing bank and for signage purposes. The very lengthy hearing began with the history of the bank. The parcel sits at the corner of Shellback Way and Route 28 having 158' of frontage along Route 28 and 166' along Shellback Way. The parcel consists of approximately 40,000 square feet and has been developed. There is an existing small banking facility with a drive-thru window and 17 parking spaces on the site. The Bank sits upon its own lot and is serviced by its own subsurface sewage disposal system. The applicant is proposing to build a 1,128 square foot addition to the existing 2,126 square foot building. The applicant would like to re-locate its drive-thru window and add 5 new parking spots to accommodate the additional square footage. The present owner of the land is Falmouth Road Trust, Charles Hajaar Trust and Plymouth Savings Bank leases the property from them. Additionally, as a result of an agreement with the developer of the Talanian Commercial Complex directly across the street where Roche Brothers is and to accommodate the installation of the signal at the intersection of Route 28 and Shellback Way, the applicant has agreed to eliminate the two access driveways that currently service the facility on Shellback Way. The applicant will now use existing driveway accesses to the Deer Crossing Commercial Complex. The applicant is also proposing the installation of a new Title V System. The parcel is situated in the C-1 zoning district and is a non-conforming parcel in that it contains less than the required 40,000 square feet. The structure is non-conforming in that it fails to meet the current 40' rear yard setback. The parking is non-conforming in that it encroaches upon the currently required 50' buffer strip along Route 28. Applicant is seeking a variance to further encroach on that buffer strip (33' reduced to 25') along Route 28. The applicant is proposing to include landscaping within the buffer to enhance the overall appearance to the site. Applicant feels they need this encroachment for traffic flow and to accommodate the newly revised drive-thru window. Applicant suggests he is willing to work with his neighbors to improve overall traffic problems. They are also seeking to install signage typically employed by the bank. It would consist of a digital component along with a clock and temperature reading and they would need this to be internally lit. The Board views the plans with applicant at length. Mr. Regan and Mr. Nelson discuss the problems with the entrance near True Value Hardware and how dangerous it is at the moment. Fred DiMeco who is the Trustee of Deer Crossing Condominiums, voices his concern regarding the same matter. Deer Crossing has waited for a long time to be able to address these concerns of traffic pulling out onto Shellback Way while residents have difficulty negotiating this illegal unauthorized driveway and parking in front of True Value. Many people park haphazardly to get propane, pulling into the existing parking spots, as they exist now is a dangerous venture that has resulted in many broken taillights. Mr. DiMeco submits another plans suggesting alternative entrances and exists and to please work with the Deer Crossing residents to fix this ill-fated problem. The residents are not opposed to the bank plans as such; they just want someone to be responsible for the poor traffic flow that currently exists. Since Mr. Hajjar is on the deed for both the Deer Crossing