09/25/2002 ZONING BOARD OF APPEALS Minutes

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l r Board of Appeals Minutes September 25, 2002 2 Carl & Maureen Fiester: Request a Special Permit under Section 174-25.A.8 of the C Zoning By-laws to allow for construction of an in-law apartment to an existing dwelling on property located in an R-5 zoning district at 755 Old Barnstable Road (Map 78 zs°f` Parcel 82) Mashpee, MA. e Sitting: Mr. Edward M. Govoni, James E. Regan, III and Robert G. Nelson Mr. Regan moves to grant the special permit to allow for construction of an in-law apartment. Mr. Govoni seconds the motion. All agree. So moved. Criteria referenced is special permit 174-25.A.8. of the findings. No comments from abutters. James H. Crocker,Jr.—Requests a Special Permit under Sections 174-24.A.4, 174- 24.0 and 174-25.E.1 of the Zoning By-laws to allow for construction of a commercial building with retail sales and storage space on property located in a C-2 zoning district at i 0 & 14 Sampson's Mill Road (Map 54 Parcels 77 & 78) Mashpee, MA. Sitting: Edward M. Govoni, James E. Regan, III and Robert G.Nelson Attorney Kevin Kirrane opens for the petitioner James Crocker. The Board had previously asked the petitioner to research access from Route 28 and come back with w. more information. Mr. Kirrane informs the Board the Mashpee Planning Board in the process of approving a subdivision plan in 1994 put a condition on approval of that ex, subdivision that there be no access along Route 28 and that all access be by the proposed a joint access on lots 2 and 3 of this particular location. The plan being presented follows r the rules set forth by the Planning Board in 1994. The parcel of land owned by the r petitioner is zoned for the proposed use as retail and storage,the building conforms zoning requirements and there is adequate parking. Mr. Kirrane explains to the Board that he is willing to o before the Planning Board if this Board sends a letter g g g recommending that they relax their 1994 decision of no access on Route 28. Mr. Govoni asks for stamped copies of the plans from the Design Review Committee. Mr. Holmgren informs the Board that indeed the plans have been through DRC and they do have signed copies, however they are in his office and he will have them sent over tomorrow. Mr. Brem shares his concerns over traffic and heavy congestion in and out of Quiniquisett Road. Mr. Kirrane and the Board discuss the owner's right to develop this parcel of land as it is zoned for. Mr. Govoni suggests a traffic study to see what is best for the Town. Mr. Holmgren feels a traffic study would be more in line with a Public Works project with respect to widening the street. Mr. Kirrane tells the Board that traffic reports are based on the square footage of the retail building itself. His research reveals that approximately 170 trips per day will result from a 3600 square foot retail building and 3 not all peak hour trips. Mr. Govoni suggests that Mr. Crocker go back to the Planning Board to get them to relax this mandate. Mr. Govoni agrees to send a letter recommending that the Planning Board do this. Mr. Kirrane will draft this letter. Mr.