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07/01/2004 DESIGN REVIEW COMMITTEE Minutes (3)
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07/01/2004 DESIGN REVIEW COMMITTEE Minutes (3)
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DESIGN REVIEW COMMITTEE
Meeting Document Type
Minutes
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07/01/2004
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DUNNING & KIRRANE, L.L.P. <br /> COUNSELORS AT LAW <br /> MICHAEL A.DUNNING` SHELLBACK PLACE EMAIL ADDRESS <br /> KEVIN M.KIRRANE 133 ROUTE 28 dunkir@cape.com <br /> ELIZABETH A.McNICHOLS BOX 560 <br /> BRIAN F.GARNER MASHPEE,MA 02649 WEB SITE <br /> dunningkirrane.com <br /> SEAN P.EARLY 508-477-6500 <br /> RICHARD J.REILLY,JR. FAX 508-477-5697 *Also admitted Illinois Bar <br /> July 13, 2004 <br /> Mr. Walter Yarosh, Chairman <br /> MASHPEE DESIGN REVIEW COMMITTEE <br /> CIO Yarosh Associates, Inc. <br /> 10 Cape Drive <br /> Mashpee, MA 02649 <br /> Re: Dry Harbor Enterprises/Wags Road <br /> Dear Walter: <br /> Following our most recent meeting with the Mashpee Design Review Committee, we had <br /> an opportunity to meet with the Mashpee Technical Review Committee. We believe that we <br /> have issues relating to fire protection under control and as such, believe the only issue open and <br /> appropriate for consideration by Design Review is that relating to the 10' buffer. <br /> I understand the Committee's concerns relating to the elimination of the 10' buffer but <br /> because of the uniqueness of this site including but not limited to the changes in elevation-and <br /> the impact of the Commonwealth Electric (Nstar) utility line easement there is a need to remove <br /> and replant the buffer lying between Johnnie's Tune and Lube and the proposed development <br /> site. <br /> I reviewed the pertinent provision of the Zoning By-Law and have concluded that the By- <br /> Law does afford an applicant the leeway of eliminating the natural buffer and replacing it with a <br /> landscaped buffer subject to review and approval (of that landscaped buffer) by the Design <br /> Review Committee. <br /> Under these circumstances, it is hereby requested that the Design Review Committee <br /> review, approve or make recommendations to satisfy the concerns of the Committee as it relates <br /> to the re-vegitation of the 10' buffer as is allowed under the provisions of the Zoning By-Law. <br /> My client is prepared to revise the landscape plan as it relates to that 10' buffer assuming the' <br /> Design Review Committee has an interest in considering the same. <br />
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