11/13/2024 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A MODIFICATION TO EXISTING SPECIAL PERMIT (SP-86-04-024) 38 Nathan Ellis Highway 14 Bank Street, Building 25, Map 74, Parcel 24) Mashpee, MA 02649 SP-2024-61 The proposed change to the building consists of reconfiguring and relocating the drive-thru window to the other side of the building. The drive-thru window was on the east side of the building and will be relocated to the west side of the building so that vehicles can travel in the direction based on the access to and from the site, and will create the vehicle direction around the building so that the drive-thru window is on the correct side of the vehicle and allow for proper queuing of vehicles. Mr.Feronti stated he met with the Fire Chief and the Deputy Fire Chief to review this plan to make sure there were no concerns or issues. They did not have any concerns. There is currently no tenant to occupy the building. The building has been vacant for a couple years, but there has been some temporary tenants. The minor renovation will make the building more attractive for other potential uses. In conjunction with the renovation,there is contemplation with some outdoor area seating,but this will be addressed through the Building Department permitting process with the Building Commissioner. The purpose of this change is for food use with a drive-thru. The square footage of the building will not change. There will be modifications to the parking layout. The current parking condition is adjacent to the building on the side, and there is no parking in the front of the building. The revisions of the drive-thru will allow some parallel parking on the side of the new drive-thru exit, and will create a better condition to access parking in the front of the building. It does result in a net decrease of one parking space from (9) nine parking spaces directly adjacent to the building to (8) eight parking spaces, but as indicated in the parking calculation attachment. Mashpee Commons still meets the zoning requirement for parking for the proposed use,and there is still an excess of (51) fifty-one parking spaces of the zoning requirements for parking calculations in Mashpee Commons. The change from a bank use to a food use also has no impact on the wastewater treatment system. There is an increase of flow, but it is well under the threshold of the existing wastewater supply of 89,000 gallons available for this space. The calculations are based on the number of seats for a food use, not on the square footage. This change of use will be aesthetically pleasing and more functional for this building space. The building itself is 2,950 sq. ft. but only 1,900 sq. ft. is on the first floor, and the square footage in the basement is included in the total. Mr. Feronti calculated about 35 sq. ft. per seat as a basis to demonstrate wastewater compliance. There will be approximately(50)fifty seats located inside the building. The parking calculation requirement for the existing Special Permit, with (4) four parking spaces per 1,000 sq. ft. as indicated on the attachment provided is fairly consistent with the commercial center bylaw. All the parking spaces in Mashpee Commons are shared spaces. 2