05/24/1995 ZONING BOARD OF APPEALS Minutes

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Board of Appeals Minutes -May 24, 1995 4. • Sally Bold, Chairman of the Deer Crossing owners, asked that the Board not act until the encroachment issue is clarified. Attorney Mills said they had just received the letter and did not have information. Mr. Govoni said the Board only acts on zoning matters and not on civil matters and that the area in question is at the other end of the shopping center. Other residents of Deer Crossing questioned the plantings and plans for Shellback Way. Marilyn Brooks, a resident, asked if the gravel access to the shopping center would be paved and Mr. Annino replied that it would. Mr. Govoni stated that he did not think the Applicant needed a Variance for parking since there was more than adequate parking and that they only needed a Special Permit. Mr. Marsters suggested that the radius increase be adopted and that the parking spaces at Shellback Way be eliminated. Mr. Govoni moved to grant the request to withdraw the application for a Variance without prejudice. Mr. Marsters seconded. All agreed. Ms. Hawver moved to grant a Special Permit under Sections 174-17 and 174-25 of the Zoning By-laws for permission to construct Building E of Deer Crossing on property located in a C-1 zoning district at 681 Falmouth Road (Map 81; Blocks 35, 64, 23, 32) Mashpee, MA. subject to the following conditions: 1. posting of a $6,000 landscape bond 2. submission of an updated plan showing the increased radius of Shellback Way to the loading dock, the elimination of the six parking spaces, and a detail of the screening of the garden shop. 3. that the revised landscape plan and signage be approved by Design Review. Findings: 1. there is adequate parking on the total center 2. it is not more detrimental to the neighborhood that the traffic flow and landscaping and - design of the building is compatible with the existing buildings Mr. Govoni seconded. All agreed. The Board adjourned for 10 minutes Appointments to the Board of Appeals - Mr. Regan read a memo from Executive Secretary Robert Whritenour requesting the Board submissions of reappointments. He said he recommended the reappointment of Edward Govoni and all agreed. Mr. Regan said Mr. Mindick `s business travel prevented his attendance and the Board did not • recommend reappointment and all agreed. Mr. Nelson moved to approve the memo, Mr. Regan seconded and all agreed.