05/24/1995 ZONING BOARD OF APPEALS Minutes

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Board of Appeals Minutes - May 24, 1995 3. • Attorney Robert Mills represented the applicant and informed the Board that he would like to request a Withdrawal of the Appeal without prejudice. Mr. Govoni moved to grant the Withdrawal of the Appeal without prejudice. Ms. Hawver seconded. All agreed. Attorney Mills explained that each of the commercial buildings had been constructed with Building Permits and that no special permit was issued for the entire project. In 1990 a Building E received a Special Permit for a 15,000 sf mixed use building in approximately the same location. The Permit lapsed two years later. Mr. Mills explained that the owner, Mr.Capozzoli, had received a Building Permit before the two-year expiration date and planned to pour a foundation which was not done. He explained that the 8,000 square foot building proposed will be constructed on Lot 35 which contains 54,993 square feet and that he is seeking an extension of non -conforming use. The building will be 8' from Building D to provide a separate stairwell to the upper level. He said that he considered Shellback Way the front of the building and there were 40 feet for the front setback. He said the Variance application was filed to allow three parking spaces in the setback area. He reviewed all of the improvements made to the Deer Crossing Shopping Center under the present owner. These included repainting, landscaping and repaving of the parking lot. He stated that they had met with the Board of Health and installed MDC drains and absorption pads. He said the State construction of Route 28 had caused some flooding problems at the entrance and they are work with the state DPW to correct them. Mr. Mills discussed the memo from the Town Planner which suggested eliminating some of the parking spaces and improving the access to the loading dock. Architect Douglas Annino reviewed the proposed landscape plan which included a canopy of trees and stone wall and fence on Shellback Way. Mr.Govoni suggested that there might be an aborvitae hedge to hide the fertilizers and landscape supplies stored in the garden shop. Mr. Marsters asked if any lumber would be stored and Mr. Annino said no. Mr. Govoni asked about propane sales and Mr. Capozzoli said this was not planned. Attorney Mills noted that the Assessor's map for Map 81, Block 35 was incorrect and that the land court square feet confirmed the 54,993 square feet. He noted that lot coverage would be 17.48%. Mr. Annino said he agreed with the Town Planner that there may be too much parking. Mr. Govoni said he would like the six parking spaces at Shellback Way eliminated but he did not think they needed to remove the one at the entrance to the loading dock. He asked Mr. Annino to widen the radius at the entrance to the loading dock. Mr. Govoni read letter from an abutter, Mr. Bello, opposing the project. He also read a letter from attorneys representing the Deer Crossing Condominium Trust was involved in an encroachment issue with the owners. Mr. Govoni explained that the area in question is not on this lot and is a civil matter. 0