04/09/2014 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR SPECIAL PERMIT MODIFICATION (SP-98-83) Stephen Berish, Trustee Brickyard Marketplace Nominee Trust 439 Nathan Ellis Highway(The Pizza Guyz, Unit 7) ' Mashpee, MA 02649 SP-2014-22 Mr. Varetimos stated the area for the cooler is approximately 8-10 feet away from the dumpster, and the dumpster pen is probably twice as big then is needed. There is a fence located between the dumpster and the proposed cooler. Mr. Goldstein asked if the Board of Health was concerned about the location. Mr. Morgan stated that Glen would prefer the cooler be closer to the building. Mr. Furbush read the Board of Health comments; "BOH has no objections but would prefer the cooler/freezer unit closer to the building. Applicant is to request an amendment to their food permit with the BOH." Mr. Varetimos stated the reason it will be placed next to the dumpster is because the owner requested that area. He would have preferred outside the back door, and said the Fire Department and tenants approved, but the landlord requested it be placed next to the dumpster. He stated there are approximately 8-9 open parking spaces available in the back, and there's always plenty of parking spaces open in the front for patrons and customers. The structure is approximately 8 feet high and will be put directly on the pavement. There is already electrical supplied from the overhead parking lights and there will be an extra electrical line installed. GENERAL FINDINGS: The subject property is located at 93 Old Brickyard Road and 439 Nathan Ellis Highway and consists of over two acres of land. SPECIAL PERMIT CRITERIA: Section 9 of Chapter40A and Section 174-24.0 of the Mashpee Zoning By-laws require that the permit granting authority determine that the proposed use and development are consistent with applicable law,rules and regulations;that there will be no adverse effect on public health or safety; that there will not be an excessive demand upon community facilities created as a result of the proposal; and that there will not be a significant adverse impact on the environmental factors listed in Section 174-24.C.2. SPECIFIC FINDINGS: 1. The proposed project does meet the modification requirements to the Special Permit SP-98-83. 2. Applicant must submit an amendment to their food permit with the Board of Health as requested. 3. There is adequate land to provide sufficient parking. 2