1990 JUL-DEC-ZBA APPEALS - Laserfiche WebLink

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TOWN OF MASHPEE P.O. BOX 1108 MASHPEE, MA 02649 BOARD OF APPEALS Re: McDonald's Corporation - SP-90-56 A petition was filed by the McDonald's Corporation for• a special permit under Section 174-25 of the zoning by-law for permission to construct a restaurant in a C-1 zoning district on property located. at Route 26 and Donna's Lane (Map 74, Block. 6) (owner• of record: Jorlen Corporation) and for a special permit under• Section 174-17 to modify the non-conforming use of land now used for parking. Notice was duly given to abutters in accordance with M.G.L. Chapter 40A. Notice was given by publication in The Enterprise, a newspaper of general circulation in the Town of Mashpee, on August 6 and August 13, 1990, a copy of which is attached hereto and made a part hereof. A public hearing was held on the petition at the Mashpee Town Hall on Wednesday, August 22, 1990 at 7:30 p.m. and continued to Tuesday, September• 25, 1990 at 7:30 p.m. at which times the following members of the Board of Appeals were present and acting throughout: Cheryl A. Hawver, Michael A. Makunas and Edward M. Govani. - Attorney Kevin M. Kir•rane represented the applicants. He introduced additional members of the development team, including John Holland (the proposed operator of the restaurant) , Alison Ludwig (the project manager ) , Franklin Ching (traffic engineering consultant) , and John Fitzgerald (McDonald's Real Property Representative) . Mr . Kir•rane explained that the existing structure was non-conforming in that it failed to meet the appropriate set-back requirement from Donna's Lane. He indicated that the applicant's preference was to remove the existing building and construct a new more conforming structure ire its place. The new structure would comply with all applicable provisions of the Zoning By-laws relating to set-back requirements and is allowed in the C-1 district by special permit. Mr. Kirrane advised that the current use of the building as a restaurant is a conforming use and the only aspect of non-conformity was the set-back from Donna's Lane which. the new building would cure. He further• advised that the'use of land contained on loc_rs for the parking of cars in connection with the current operation of the existing restaurant is not in conformity with the provisions of the Zoning Ry-law in that it is not set back fifty feet from the layout of Route 25. He