09/13/1995 ZONING BOARD OF APPEALS Decisions

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Board of Appeals John's Pond Center Realty Trust SP-95-58 2. Attorney Kevin M. Kirrane represented the applicant and explained that the donut shop at John's Pond Center would be relocated to the side and rear of the building and have a drive-through window. He reviewed the parking requirements for the complex and informed the Board that the center had the required number of spaces even if some were eliminated with the drive-through facility. The hearing was continued to allow the applicant to appear before the Design Review Committee and to review the traffic plans with the Director of Public Works. At the September 27, 1995 meeting the plans were revised to increase the size of the entrance from 30 feet to 44 feet, and to require signage restricting the stacking of vehicles and a review of the Modification in one year. Findings: A. General 1. the subject property is located at 401 Nathan Ellis Highway and contains 1.865 acres of land zoned Commercial-2. 2. the commercial shopping center is an allowed use in a C-2 zoning district with a Special Permit from the Board of Appeals which was approved and filed with the Town Clerk on May 26, 1988. B. Special Permit Criteria Section 9 of Chapter 40A requires that the Special Permit granting authority must find that the use is in harmony with the general purpose and intent of the zoning by-laws and complies with the provisions set forth therein. C. Specific Findings 1.._ the proposed modification of the Special Permit will not adversely affect public health or safety. 2. the proposed relocation should alleviate some minor traffic congestion at the front of the building due to the location of the Route 151 entrance drive. 3. the enlargement of the entrance from Nutigret Avenue should improve access to the center. 4. the undisturbed buffer area will remain at the rear of the building.