01/23/2002 ZONING BOARD OF APPEALS Minutes

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Nq Mashpee Zoning Minutes—January 23, 2002 8 Board of Appeals said that `this Board approves those kinds of plans all the time'. Mr. Nelson said that the Board is trying to `clamp down' on certain kinds of Variance requests. Mr. Regan said that the proposal is `overwhelming' and that he has a problem with the whole project. Mr. Borgeson also visited the subject property and said that the request is unrealistic. Mr. Brem moved to Deny Without Prejudice the request for a Special Permit. Mr. Nelson seconded. All agreed. Attorney Kirrane signed a request for Withdrawal Without Prejudice of the request for Variance relief. The Board voted unanimously to accept the request. Richard Halpern, Trustee, River Bend Realty Trust—Requests a Special Permit under Section 174-17 of the Zoning By-laws to alter a pre-existing, non-conforming structure with the addition of a canopy on property located in an R-5 zoning district at 100 Great Neck Road North (Map 45 Parcel 3) Mashpee, MA. Sitting: Edward M. Govoni, James E. Regan III and Robert G. Nelson. Attorney Kevin M. Kirrane represented the Petitioner, who also attended the meeting. Attorney Kirrane said that the pre-existing, non-conforming structure is situated on over 6 acres of land. The property predates the adoption of zoning by the Town. The use is non-conforming due to the commercial business being conducted in a residential zone, the existence of multi-family units, and the existence of 14 buildings on the property and `certain amenities'. Plans call for construction of a canopy and deck along the front of the building, which would replace the existing dilapidated overhang. i The Petitioner is currently attempting to resolve a disputed violation with the Conservation Commission. The Board questioned if this project lies within the jurisdiction of the Conservation Commission. Mr. Halpern said that the Water District `dug up the whole side of my road' and installed water mains. He stated that the gas company dug up the other side of the road and installed haybales, which are still there. Mr. Brem said that the `violation' should be cleared up before the ZBA renders a decision. Mr. Govoni said that the decision could be conditional upon resolution of the Conservation Commission violation. Mr. Halpern said that the proposed canopy would provide shelter from the elements and allow access for limousines and trucks. The proposed deck would be installed for aesthetic reasons and would provide fire escape, but would not be used for `sunbathing'. Mr. Govoni asked if the Petitioner would be willing to remove the restaurant signs and the red lights. Mr. Halpern said that the red lights are fluorescent signs, not neon signs and look `just like Mashpee Commons'. Mr. Halpern said that the `Zachary' sign has been there for 35 years. Mr. Brem asked if the Petitioner would install more landscaping, such as bushes and shrubs in the front of the building. Mr. Halpern said that he currently landscapes the area, even though it is not his property. Attorney Kirrane said that Mr. Halpern maintains