07/12/2007 DESIGN REVIEW COMMITTEE Minutes

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6 Falmouth Road(continued) • A number of the Committee members raised concern regarding the 14-foot connecting path at the back. The Committee felt it was a safety hazard and asked whether or not it could be widened to make it less of a hazard. • Tom Fudala stated Applicant has to go to ZBA. Matt responded, "no", according to Building Inspector they don't have to go to ZBA. Tom said he believes they do have to go to ZBA for a finding by the ZBA, not for a permit. Matt said if a portion of the building is salvaged it would preclude going to ZBA. Tom said there is a provision in the code for re- building and you do have to go to ZBA for a finding. Ernie Virgilio said this building had a special permit issued in 1974. Tom pointed out that the special permit was specific that it was to operate as a liquor store; and modification of site plan is modification of what was approved in 1974. Chief Baker asked: Shouldn't this be remanded to the legal authority that has jurisdiction—namely the Building Inspector? The Committee agreed and said Rich Stevens has to interpret use and whether it has to go to ZBA or not. • Use: Right now,Ernie Vir 'lio only knows it will be light retail. • Suggestion: Applicant request employees to park in the back. Conclusions: • Handicap parking space will be moved to provide more room for driver to exit vehicle. • Applicant's engineer to provide letter to Conservation Department stating no wetlands at site. • Landscape]Plan to be provided for review by Design Review. • For safety concerns,the common driveway-connecting path to be widened at opening as discussed. • Tom Fudala and Rich Stevens to meet to interpret code as to whether or not Applicant has to go to ZBA for finding(which,according to Tom, does not require a public hearing)and whether or not light retail business is considered change in use (which, according to Tom,would require a public hearing if use changed). 681 Falmouth Road Applicant--Brian David Tamborelli Request to operate_a restaurant_, Mr. TamboreIli appeared for an informal discussion. He said he was trying to reopen Michele's Kitchen as a gourmet deli business. Glen Harrington explained that the septic system is an issue because Michele's was not open when the owner of the property replaced the septic system for the development and the reduced size cannot accommodate this business. The business right now is designed for office only. The Board of Health has to decide whether or not it is going to allow restaurant use. Mr. Tamborelli said if the Board of Health approves his business with seating limited to 8 that will be all right because he is looking at his business as a gourmet take-out deli business. Conclusion: Committee suggested applicant resolve Board of Health issues first, and then come on signage,etc. afterwards.