12/08/1999 ZONING BOARD OF APPEALS Decisions

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4`�,,11MM'!yA Town of Mashpee MASHPEE ZONING BOARD OF APPEALS 16 Great JVeck load JUorth �nu,E tom• Mashpee, Massachusetts 02649 Decision for a Special Permit RE: Brickyard Marketplace 93 Old Brickyard Road/Map 72 Block 22 Nominee Trust SP-99-115 439 Nathan Ellis Highway/Map 72 Block 23 A Petition was filed on November 3, 1999 by Brickyard Marketplace Nominee Trust for a Special Permit under Sections 174-25.E.2 and 174-25.F.6 of the Zoning By-laws to allow for use for retail businesses with the addition of a bank or doughnut shop on properties located in C-2 and R-5 zoning districts at 93 Old Brickyard Road (Map 72 Block 22) and 439 Nathan Ellis Highway (Map 72 Block 23)Mashpee, MA. (Owner: Stephen Berish, Trustee, Brickyard Marketplace Nominee Trust.) Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on November 19 and November 26, 1999, a copy of which is attached hereto and made a part hereof. A Public Hearing was held on the Petition at the Mashpee Town Hall on Wednesday, December 8, 1999, at which time the following members of the Zoning Board of Appeals were present and acting throughout: James E. Regan I1I, Robert G. Nelson and Richard T. Guerrera. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Law, Chapter 40A, Section 9 and the Town of Mashpee Zoning By-laws. Mr. Chris King of the Phoenix Group represented the applicant. Mr. Stephen Berish,the developer, and his son, Jim, also attended the meeting. Mr. King said that the applicant is requesting a Special Permit to allow for construction of a drive-through window on the subject property. The Design Review Committee has reviewed the proposal. Mr. King said that the Public Hearing Notice advertised for a request for a Special Permit with the addition of a bank or a doughnut shop. Mr.King requested a removal of the words "bank" and"doughnut shop" from the application to allow for use of the drive-through window by any retail business as incidental to the business. Mr. Jim Berish said that the Special Permit language limits the use of the space by either a bank or a doughnut shop. Mr. Hauck said that the applicant is required by Town law to request a Special Permit from the Zoning Board of Appeals for use of the space by the bank. He said that the applicant could then petition the Board for use of the drive-through window as an accessory to a primary retail business, such as a pharmacy.