04/12/1995 ZONING BOARD OF APPEALS Minutes

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Board of Appeals/Minutes April 12, 1995/Paye 2 • Stephen C. and Kathy Kyros - Requests a Special Permit under Section 174-25.E.2 and 174-25.H.6 of the Zoning By-laws for a pastry, doughnut and coffee shop with accessory drive-through window in a C-2 zoning district on property located at 44 Falmouth Road (Map 55, Block 18) Mashpee, MA. (Owner of record: Merry Meadow Enterprises Inc.). Members sitting: E. Govoni, J. Regan, K. Marsters Mr. Kyros asked if they could be moved to a later time since their representing attorney had not yet arrived. Mr. Govoni acknowledged his request and asked that it be stated for the record. Attorney Kevin Kirrane represented the applicant and reviewed the proposed plans for the site. A handout supporting the proposal was distributed. A chart was shown of the proposed 3,000 sq. ft. building to be located at Rte. 28 and Cape Drive. Phase 1 of the construction would be a 1600 sq. ft. building with an accessory drive-through window. There would be two accesses and an egress off Rte. 28 and Cape Drive. A low impact use lighting plan has been submitted to the Design Review Committee and also the the Board of Appeals. The Design Review Committee has made recommendations which Mr. Kyros has agreed to comply. MHS Consulting completed a transportation management • and planning analysis on 8/6/95. Mr. Govoni asked the hours of operation and type of foods served. It will operate 7 days from 5:00 a.m. to 11:00 p.m. serving pastry, muffins, donuts, coffee, and possibly soups and sandwiches. Mr. Govoni read correspondence from Mary Olsen asking the Board to vote against it, and from the Board of Health who has no objection as long as the septic and required permits are in order. Brian Zeppenfeld, a Pheasant Run Condominium owner living behind the proposed site, expressed concern about the additional traffic that will be cutting through the condo complex. Albert Wiseman, trustee for Pheasant Run Condominiums, stated opposition to the Cape Drive entrance. Mr. Plummer, 11 Cape Drive, asked how high the wall will be. Mr. Govoni answered 10 feet higher than the road. Mr. Govoni noted a 52 - 6 ft. engineered concrete retaining wall will be required.. Mr. Hauck noted that the drive will be 3 ft. from the wall, and they plan to do substantial landscaping along the slope of the wall. Marie Scally from the Water Department stated that she is in favor of the shop but not the drive-through window. Craig Faulkner of the Sea Fare Restaurant stated that he was advised not to bother applying for window take-out service. He raised a concern about the location of the dumpster 20 feet from his deck. Mr. • Govoni asked if the dumpster could be moved. Mr. Nelson suggested moving it to the unused portion of the property for