1990 JUL-DEC-ZBA APPEALS - Laserfiche WebLink

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k 14 . The Locus presently contains a defunct full-service restaurant and accompanying parking lot. The restaurant, which most recently went under the name Pickwick' s, is no longer in operation, and the parking lot is no longer in use. 15. McDonald' s seeks to redevelop the Locus as a fast food restaurant with a "drive-in" capacity. McDonald' s seeks to raze the existing structure and the existing parking lot on the Locus and replace them with a new structure and a new parking lot. The parking lot will be constructed to be less than fifty feet from the layout sideline of Route 28, in violation of the setback requirements of § 174-31 of the Mashpee Town Bylaws. 16. On or about July 10, 1990, McDonald's filed an Application For A Special Permit (the "Application") with the Board seeking a special permit for the reconstruction of the building and the parking lot on the Locus in the manner specified in the immediately preceding Paragraph. A copy of the Application is attached hereto as Exhibit A. 17 . The Board filed its decision on the Application (the "Decision") on November 2 , 1990, after having held hearings on August 22 , 1990, and September 25, 1990. A certified copy of the Decision is attached hereto as Exhibit B. As indicated on the first page of the Decision, McDonald's, through its counsel, sought a special permit for the reconstruction of both the restaurant and the parking lot, and conceded that the planned parking lot, as reconstructed, "is not in conformity with the provisions of the (Mashpee] Zoning Bylaw. " Despite this POCABCMJ.FP -5-