01/23/2002 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes—January 23, 2002 4 Board of Appeals Casey Tree & Landscaping—Requests a Variance from Section 174-31 of the Zoning By-laws to vary the land space and front setback requirements to allow for construction of a commercial building with office, storage and warehouse space on properties located in a C-2 zoning district at 8 Sassacus Road and 84 Algonquin Avenue (Map 72 Parcel 58A and Map 72 Parcel 58B) Mashpee, MA. Owner of record: Gerald P. Labute. Sitting: Edward M. Govoni, James E. Regan III and Robert G. Nelson. Mr. David Sanicki of Cape & Islands Engineering represented the Petitioner, Mr. Casey, who also attended the meeting. Mr. Sanicki said that the subject properties lie within a C-2 zoning district, which calls for minimum lot size of 40,000 square feet. The Petitioner is seeking Variance relief of 11,500 from the land space requirements. The narrow shape and location of the subject properties abuts two roads, which translates into two street fronts for the proposal, restricts placement of the proposed building and parking area, thereby creating hardship for the Petitioner. The Petitioner has received approval from the Design Review and Technical Review Committees. Mr. Ed Belekewicz, an abutter, expressed concern with the location of the proposed driveway. Mr. Borgeson asked if Mr. Casey had addressed his concerns. Mr. Belekewicz said that Mr. Casey has done so. Mr. Brem asked for clarification of the parking spaces and the proposed buffer. Messrs. Sanicki and Casey stated that plans call for extensive landscaping on the subject properties that would be in excess of$75,000. The Board discussed the specifics of the Special Permit request. Mr. Nelson asked if Mr. Casey planned to have retail sale of merchandise inside the proposed building and/or inventory stored on the outside of the building. Mr. Casey said that he plans to have a secretary and office area inside the building to accommodate customers who would drop by to look at blueprints. He said that there is no room on the small lot for inventory of items such as mulch or firewood or plantings. Mr. Casey said he plans to have a working yard at a different site. Mr. Belekewicz asked for the hours of operation of the business. Mr. Casey said that hours would normally run from 7 A.M. to 3:30 P.M. or 5 P.M. Monday through Friday. Mr. Casey said that there would be some activity on Saturdays during the busy seasons. Mr. Nelson moved to grant the following: • a Variance of 20 feet from the setback requirements to Algonquin Avenue • a Variance of 24.5 feet from the setback requirements to Sassacus Road. • a Variance of 11,500 square feet from the land space requirements. The Variance is subject to criteria 1, 2, 3, 4 and findings 1, 3, 4, sloping topography, corner lot, and submission of a $5,000 cash Landscape and Performance Security. Mr. Regan seconded. All agreed.