04/09/2014 ZONING BOARD OF APPEALS Decision

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Tomm of Nfasl 16 Groat 10ctdJ%rth ?YIashpee,lkkiswchtwlts 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR SPECIAL PERMIT MODIFICATION (SP-98-83) SP-2014-22 Stephen Berish, Trustee Certificate of Title: 151204 Brickyard Marketplace Nominee Trust(SP-98-83) Lot#: 717-724 &2166 439 Nathan Ellis Highway(Map 72 Block 23) Plan#: 11380-B & 11380-N 93 Old Brickyard Road, (Map 72 Block 22) Mashpee, MA 02649 A Petition was filed on March 14, 2014 by Brickyard Marketplace Nominee Trust of 7 Cabot Place, Suite#1, Stoughton, MA for a Special Permit SP-98-83 modification to place a 16 foot by 10 foot cooler/freezer in rear of retail restaurant on property located in a C-2 Zoning District at 439 Nathan Ellis Highway(The Pizza Guyz)Unit 7, (Map 72 Parcel 23), Mashpee, MA. (Owner of record: Stephen Berish, Trustee). Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on March 21, 2014 and March 28, 2014 a copy of which is attached hereto and made a part hereof. A Public Hearing was held on the Petition at the Mashpee Town Hall on Wednesday, April 9, 2014 at which time the following members of the Board of Appeals were present and acting throughout; Chairman,Jonathan Furbush,Vice Chairman,William A. Blaisdell,Board Members,James Reiffarth and Richard Jodka,and Associate Members, Dom DeBarros and Scott Goldstein. Also present was Building Commissioner, Richard Morgan. Mr. Christos Varetimos, representing himself owns The Pizza GZcyz Restaurant located at 439 Nathan Ellis Highway,Unit 7, and Route 151 in the Brickyard Market Place. He is proposing to add a walk-in cooler in the back area used by employees only, and looking to occupy one or two parking spaces. He would like to have extra space inside the kitchen by removing the walk-in freezer, and place a larger one outside to expand his storage. He provided the Board with a plot plan depicting the existing building,the parking spaces in the rear of the building, and the proposed 10 foot by 16 foot (160 square foot) walk-in cooler. Board Member,Richard Jodka stated he viewed the site, and in his opinion will not be disturbing any neighbors,or parking for patrons.At the time of his visit,he noticed there was plenty of parking in the front of the building. Mr. Morgan spoke to Glen Harrington, Board of Health and thought it would be possible to move the dumpsters together, but the dump trucks would not be able to maneuver. 1