1988-1990-ZBA APPEALS (2) - Laserfiche WebLink

Home Browse Search

Board of Appeals August 22, 1990 4 a 40 -year term. He said he was aggrieved by the opinion that • this does not require a Variance and reviewed the set backs which ar•e 5' from his pr•oper•ty line and 5' from the Town taking. He said it would be impossible to appropriately landscape to protect those areas. He said the site plan approved for the adjoining lots required a 20' setback. He suggested eliminating some of the parking in the front yard which does not meet the 50' zoning requirements. He questioned permitting the sewer system under• the Town roadway. He said the rear• elevations of the building would be important to see. Mr•. Storrs expressed concern about the location of the curb cut near the approved cut on the adjoining lot and asked for• more information on the design of Donna's Lane and what McDonald's considered a fair• share of the signalization costs. Mr. Kirrane informed the Board that he and Building Inspector Douglas S. Boyd had met with Town Counsel and been given the opinion that this could be done under• the Special Permit process. Mr•. Storrs replied that, as an abutter, Field's Point disagrees with Town Counsel's opinion and would be aggrieved by that. Lincoln Olmstead, a member of the audience, asked for• more information on the recommendations of the Rotary By-pass Committee. Selectman Willard Hanson replied that the intention is to reopen Donna's Lane, Job's Fishing Road and continue • across 151 and have a road through the Police and Fire complex to Old Barnstable Road to provide for an outer• belt around the rotary. He said they were looking for a widening of 28 from the rotary to Donna's Lane and possibly to Deer Crossing and the need for traffic lights at Donna's Lane as well as the 151 intersection of Job's Fishing Road. Mr•. Hanson expressed concern at the right -in and right -out island McDonald's plans for Route 28 and questioned how that would be effected if the road is widened. Attorney Ron Jansson, representing abutter Charles Talanian, said that Mr•. Talanian is the owner• of Donna' Lane and the road has not yet been taken by the Town. Mr. Talanian owns 28 acres of adjoining land with C-1 zoning. Mr. Jansson said that Donna's Lane is registered land and there are no rights for• McDonald's to use it. The development of the Talanian land could result in development of 24,000 sf of commercial space and the traffic generated could be substantial. He stated that his client felt the traffic impact of McDonald's could be detrimental to his efforts to attract quality tenants to his development. Mr. Jansson stated that McDonald's has no curb cut for Donna's Lane. He,quoted the Zoning By-laws 174-40 which states that no accessway or parking may be closer than 200' from another• accessway. He informed the Board that the curb -cut • shown on Donna's Lane is less than 200' from Route 28. He showed