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

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• F I E L D S P O I N T September 25, 1990 Ms. Cheryl Hawver, Chairperson Mashpee Board of Appeals Mashpee, MA 02649 Dear Cheryl and Members of the Board: As per your request at the public hearing on August 22, 1990 regarding McDonald's Corporation, I have attempted herein to articulate our concerns, as an abutter, relative to this application for a special permit. Our primary concern is that the applicant's proposal will require the overutilization of the site. Simply put, this site • is, in our opinion, incapable of meeting the demands generated by the proposed use due to the requirements for traffic flow both to and from the site and internally to the site. The proposed site plan shows parking within five feet of the common property line to our hotel parcel. Further, the site plan shows parking within five feet of the proposed taking line for Donna's Lane. These conditions would not only be detrimental to the function and value of our property, but would create a potentially negative impact upon traffic flow in and around the Donna's Lane -Route 28 intersection. From a legal standpoint, it is our opinion, as stated by Ropes and Gray (see attached letter) that the applicant's request for a special permit is not protected as a non -conforming use from the requirements of the existing By -Laws. As such, the applicant will be required to comply with the existing By -Law requirements. An applicant would be required to conform to the building setbacks and specifically the fifty feet setback for parking from Route 28. This being the case, it does not appear that McDonald's Corporation can fit their required building and site improvements on the parcel without being in violation of the Mashpee Zoning By -Law.