01/10/2001 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes—January 10, 2001 10 Board of Appeals Attorney Robert F. Mills of Wynn and Wynn,P.C. represented the Petition. Mr. Govoni read correspondence from Attorney Elizabeth A. Lane of Kopelman and Paige,P.C. Attorney Lane stated that the "use proposed does not fall cleanly under any principle use category listed in the By-law" and that she did"not find any prohibited use category to which the proposed use is substantially similar. For that reason ... the proposed use may be included within the catch-all special permit"—"Section 174- 25.H.6., a catch-all provision which allows the Board of Appeals to grant a special permit for certain uses,which while not specifically allowed by right or by special permit in the district, are similar to such uses and substantially dissimilar to prohibited uses". The letter concluded with: "... the re-use of a portion of an existing building, using parking ;r. available on site, does not trigger the Planning Board's involvement pursuant to Section 174-24.C. Further, if the authorization made possible by Section 25.H.6 is relied upon, it s becomes unnecessary to determine precisely what portion of the use is devoted to a particular use, as it would if a more precise use category were relied upon". Mr. Regan moved to grant a Special Permit under Section 174-25.H.6 of the Zoning By-laws to allow for mixed use on the subject property, hours of operation: Monday through Thursday: 5 A.M.to 10 P.M. . Friday: 5 A.M. to 9 P.M. • Saturday: 6 A.M. to 6 P.M. • Sunday: 8 A. M. to 6 P.M. Mr.Nelson seconded. All agreed. (4 Wags Road Realty—Requests a Special Permit under Sections 174-17 and 174-20 of the Zoning By-laws for permission to demolish an existing dwelling and make alterations/expansion to apre-existing, non-conforming structure to allow for installation of a gasoline/service station on property located in an I-1 zoning district at 723 Falmouth Road(Map 81 Block 2)Mashpee, MA. i. Wags Road Realty—Requests a Variance from Sections 174-25 and 174-31 of the Zoning By-laws for permission to vary the front and rear setback requirements to allow for installation of a gasoline/service station on property located in an I-1 zoning district at �y 723 Falmouth Road(Map 81 Block 2)Mashpee, MA. Cont.from 12/13/00 at request of { attorney to allow time for applicant to complete technical review and design review processes. S'kr' k Sitting: Edward M. Govoni, James E. Regan III and Robert G.Nelson. Y�a Mr. Govoni said that the Design Review Committee expressed concern with the proposed entry and suggested that when the Petitioner gets permission for the curb cut,the Petitioner should ask the State for permission to clear some of the area on the paper road on the State right-of-way to allow for better visibility. The Committee suggested that the driveway should be reconfigured to allow for traffic to enter/exit to and from Route 28 more safely at a 90-degree angle. The Design Review Committee also requested that all plantings should be 18 inches or under in height to allow for better traffic visibility. The