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MASHPEE ZONING BOARD OF APPEALS
MINUTES
JUNE 27, 2012
The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, June 27, 2012 at 7:00 p.m. (Conference Room #2) at the Mashpee Town Hall, 16 Great Neck Road North. Board Members Jonathan D. Furbush, William A. Blaisdell, Ronald S. Bonvie, James Reiffarth and Judith M. Horton and Associate Member Domingo DeBarros were present. Building commissioner Richard E. Morgan was also present. Associate Member John M. Dorsey was unable to attend due to illness.
Chairman Jonathan D. Furbush opened the hearings at 7:00 p.m. He welcomed newly appointed Mr. DeBarros to the ZBA and thanked him for joining the Board. The Board is looking forward to working with Mr. DeBarros.
CONTINUED HEARINGS
Keith D. and Andrea L. Rossignol: Request a Special Permit under Section 174-45.4 of the Zoning By-laws to allow for construction of an accessory apartment in an existing dwelling on property located in an R-5 zoning district at 8 Hendricks Lane (Map 37 Parcel 48A) Mashpee, MA. Continued from May 9, 2012 Public Hearings to allow Petitioner an opportunity to properly resolve truck parking violation.
Sitting: Board Members Jonathan D. Furbush, William A. Blaisdell, Ronald S. Bonvie, James Reiffarth and Judith M. Horton.
Ms. Andrea Rossignol represented her Petition and stated that the truck has been moved from the subject property. Mr. Furbush questioned her where it was being stored. Ms. Rossignol said that it is being stored at United Moving in Pocasset on Barlow’s Landing Road where her husband has a second job. Mr. Furbush reminded Ms. Rossignol that the truck must not be parked on the property at 8 Hendricks Lane. He also reiterated that the Board of Health has restricted the number of bedrooms in the dwelling to a maximum of four. Ms. Rossignol confirmed that she would comply with the parking By-law and the Board of Health restriction.
No comments were received from abutters.
Mr. Blaisdell made a motion to grant the Special Permit to allow for the accessory apartment. This Decision is contingent upon compliance with Board of Health restrictions and the Petitioner’s guarantee that the 18 wheeler truck will not be parked on the subject property. Mr. Furbush seconded the motion. Votes: Mr. Reiffarth, yes. Ms. Horton, yes. Mr. Bonvie, yes. Mr. Furbush, yes. Mr. Blaisdell, yes. Vote was unanimous.
NEW HEARINGS
Francis X. and Lorraine A. O’Brien, Trustees: Request a Written Finding under Section 174-17 of the Zoning By-laws and under M.G.L. Chapter 40A Section 6 regarding changes, extensions or alterations of a pre-existing, non-conforming structure or use to allow for construction of a 24x26-foot garage on property located in an R-3 zoning district at 11 Bearse Road (Map 117 Parcel 316) Mashpee, MA.
Sitting: Board Members Jonathan D. Furbush, William A. Blaisdell, Ronald S. Bonvie, James Reiffarth and Judith M. Horton.
Mr. and Mrs. O’Brien represented their Petition. Mr. O’Brien said that the garage will provide much needed storage. Mrs. O’Brien stated that the garage will also provide protection for their vehicles from inclement weather. Mr. O’Brien said that they hope to start building the garage in a few months. Mr. Furbush reminded the Petitioner that the garage cannot be inhabited or converted into living quarters.
Mr. Reiffarth questioned if the egress deck, bulkhead and porch have been calculated as part of the lot coverage. Building Commissioner Richard Morgan stated that a certain amount is allowed for entrance into the dwelling.
No comments were received from abutters.
Mr. Bonvie made a motion to grant the Written Finding. Findings: proposal will not be substantially more detrimental than what currently exists; there is adequate land area to provide sufficient parking and setbacks. This Decision is conditioned upon compliance with BSS Design Engineering & Surveying plan entitled Plot Plan Proposed Garage Prepared for Frank O’Brien #11 Bearse Road, Mashpee, Massachusetts, Date: March 20, 2012 and plan entitled Proposed Two Car Garage, 11 Bearse Road, Mashpee, MA., Date 01 May 2012, Dwn: E. H. Yeomans, 43 Gaslight Lane, N. Easton, MA 02356. Mr. Blaisdell seconded the motion. Votes: Ms. Horton, yes. Mr. Reiffarth, yes. Mr. Furbush yes. Mr. Blaisdell, yes. Mr. Bonvie, yes. Vote was unanimous.
Petitioner: Panera, LLC: Requests a Special Permit under Section 174-51.B of the Zoning By-laws to allow for installation of signs exceeding twenty square feet onto a commercial building on property located in a C-1 zoning district at 8 Steeple Street (Map 74 Parcel 20) Mashpee, MA. Owner of record: Mashpee Commons LLC II.
Sitting: Board Members Jonathan D. Furbush, William A. Blaisdell, Ronald S. Bonvie, James Reiffarth and Judith M. Horton.
Mr. Rich Pretorius of Pretorius Electric and Sign Co. and Mr. Mann Braga of Cornerstone Design/Build Services, Inc. represented the Petition. Mr. Pretorius said that each of the “Panera Bread” signs will be 57.92 square feet in size. Since the Petitioner has frontage on two streets, one sign will face Route 28 and the other will face Steeple Street. Each of the corner blade signs will be 6.25 square feet in size. Total square footage of all of the signs is approximately 120 square feet. The total square footage of both walls is 2,600 square feet. This falls below the By-law maximum which allows signs up to 10% of the aggregate square footage of a front wall area.
Mr. Reiffarth said that his opinion is that the proposed signs are too large and the Board will be setting a precedent for other business owners to do the same thing. He said that two 57.92 square foot signs along with the blade signs seems excessive. Mr. Morgan agreed that Mr. Reiffarth raises a good point and that other Mashpee Commons’ tenants on either side of this store will be seeking permits for their signage. Mr. Blaisdell said that the Board should consider each Petition on an individual basis. Mr. Bonvie said that the signs would fit in well with the rest of Mashpee Commons.
Mr. Braga said that the Panera store is quite large compared to other stores, with over 5,000 square feet of space inside. Mr. Braga said that the other tenants occupying smaller spaces will have smaller business signs. He explained that the Panera Bread signs are actually letters attached to the building within the green field shown on the plan. Mr. Pretorius said that the green field shown on the plan is the green siding of the building and not a side panel. With that clarification, Mr. Reiffarth said that he would not consider the signs too large.
On March 20, 2012, the Design Review Committee approved the proposal. The Board of Health has no comments on the proposal.
No comments were received from abutters.
Mr. Bonvie made a motion to grant the Special Permit to allow for the signage. This Decision is conditioned upon compliance with the following plans:
- Mandeville Sign entitled Panera Bread, Mashpee Commons, Mashpee, MA. Date: 10/21/11.
- NORR Architects/Planners and Alkemeyer & Associates Plan entitled: Panera Bread Café #1611, Mashpee Commons, 8 Steeple Street, Mashpee, MA 02649, Issue Date: 04.26.2012.
- BSS Design Engineering & Surveying plan entitled Plan of Land Prepared for Mashpee Commons Limited Partnership in Mashpee, Massachusetts, Date: Jan 1 2011.
Mr. Blaisdell seconded the motion. Votes: Ms. Horton, yes. Mr. Reiffarth, yes. Mr. Furbush, yes. Mr. Blaisdell, yes. Mr. Bonvie, yes. Vote was unanimous.
Mary E. Zocchi, Trustee: Requests a Special Permit under Section 174-25.I.9 of the Zoning By-laws to allow for construction of a landing, stairs, pier, ramp and float extending across a total of more than seventy feet of coastal beach, coastal bank, salt marsh, or bordering vegetated wetlands and/or coastal wetlands, freshwater wetlands, swamps or marshes on property located in an R-3 zoning district at 9 Ockway Bay Road (Map 99 Parcel 49) Mashpee, MA. At Agent’s request, continued to July 11, 2012.
Mr. Blaisdell made a motion to continue the Petition to July 11, 2012. Mr. Furbush seconded the motion. Votes: Ms. Horton, yes. Mr. Reiffarth, yes. Mr. Furbush, yes. Mr. Blaisdell, yes. Mr. Bonvie, yes. Vote was unanimous.
OTHER BUSINESS
Approve June 13, 2012 Minutes
Mr. Blaisdell made a motion to approve the Minutes. Mr. Furbush seconded the motion. Votes: Ms. Horton, yes. Mr. Reiffarth, yes. Mr. Furbush, yes. Mr. Blaisdell, yes. Mr. Bonvie, yes. Vote was unanimous.
Mr. Blaisdell made a motion to adjourn the meeting. Mr. Reiffarth seconded the motion. Votes: Ms. Horton, yes. Mr. Reiffarth, yes. Mr. Furbush, yes. Mr. Blaisdell, yes. Mr. Bonvie, yes. Vote was unanimous. Meeting was adjourned at 7:50 p.m.
Respectfully submitted,
Cynthia Bartos
Administrative Secretary
ZBA
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