04/12/1995 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Stephen C. and Kathy Kyros SP-95-30 2 He indicated that the applicant proposes to construct a three thousand square foot (3,000 sq. ft.)building on the site together with some thirty-one (3 1) parking spaces, including the requisite number of handicap parking spaces. The proposed use would also include a drive-through window situated to the rear of the building. SPECIFIC FINDINGS 1. The Board found that the use requires a Special Permit in this C-2 Zoning District. 2. The Board finds that this parcel is a pre-existing non-conforming parcel due to its square footage. 3. The Board finds that this proposal was reviewed by the Design Review Committee and that the applicant has incorporated said Committee's recommendations in his proposal. 4. The Board finds that the proposed structure complies with existing set back requirements of the local By-law. 5. The Board finds that the parking and lighting is adequate and complies with existing By-law requirements. 6. The Board finds that the applicant proposes access and egress to both Route 28 and Cape Drive. 7. The Board finds that the drive-through window is an accessory use to the principal eating place use. 8. The Board finds that the proposed issuance of a Special Permit as applied for by the applicant will not adversely affect public health, safety or welfare; create an excessive demand on community facilities; have a significant adverse impact on traffic flow and safety or otherwise be detrimental to the Town or to the neighborhood.