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

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Board of Appeals Minutes - September 25, 1990 2. y • Ron Jansson, attorney for abutter Charles Talanian, discussed the issue of whether an egress can be located within 200' of another curb cut. He said that no Variance petition had been submitted to the Board and that his client was concerned with the traffic impact on his land. Josephine Campisi, a resident of Mashpee, stated that the present use of the Talanian land for a flea market was creating more traffic than McDonald's would. Mr. Makunas asked if anyone in the audience was familar with the current status on the taking of Donna's Lane. Kevin Harrington, Executive Secretary of Mashpee, said that the Town Meeting last May had passed an article to deed the road to the Town. He had met with Mr. Jansson and Town Counsel to discuss the issue and expected it would be resolved. Mr. Jansson concurred but said Mr. Talanian wants to insure that his rights will be protected if Donna.'g: Lane is taken. Will Hanson, Selectman of Mashpee, advised the Board to consider that Donna's Lane is not open and will not be open in making a decision. Mr. Friel asked what impact the taking of Donna's Lane will have on Town finances and Mr. Hanson replied that Donna's Lane will not be open • at this time. Mr. Kirrane said that McDonald's do not feel that access to Donna's Lane is critical. He discussed the Special Permit granted for a motel on an adjoining site and said that he understood that plan granted a curb cut on Donna's Lane. He reviewed the following: 1. the proposed use on this site is an allowed use; 2. the lot coverage proposed is in compliance with the by-law; 3. if the issue is total demolition or partial demolition of the present building, the construction can be done to obviate the entire issue. He said that the Board could condition a permit to require access to Donna's Lane if it is taken. Mr. Makunas questioned Mr. Boyd on the issue of having two curb cuts within 200' of one another. Mr. Boyd responded that the whole side of Donna's Lane was basically a curb cut. Mr. Makunas asked if a Variance would be required assuming that Donna's Lane does not exist. Mr. Boyd replied that a Variance would be required for a curb cut on Donna's Lane but not for Route 28 since that has been granted. Mr. Makunas questioned the proximity of the Job's Fishing Road curb cut to the McDonald's curb cut and Mr. Boyd explained that the McDonald's curb cut was valid for two years. Mr. Kirrane commented that the State could not deny access to the lot.