3/12/2003 ZONING BOARD OF APPEALS Minutes

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H Mashpee Zoning Board of Appeals Minutes of March 12, Zoo seconds the motion. All agree. So moved. Mr. Kirran 's office will contact the Board of Appeals when they have more defined information. Davenport � Trust: bequest a variance under Section 174-31 of the ZoningBy- laws to vary the frontage on a pre-existing non conforming lot with 12.5 feet of frontage. Additional square footage being added to a pre-existing non-conforming lot on property located in a C-2/R-3 oning district at 18 Falmouth Road Map 55 Parcel 24 and portion of 2 Mashp e, MA. Owner of Record: Merry Meadow Enterprises, Inc. AND Davenport Realty Trust: Request a Special Permit from Sections 174-21 , and H of the Zoning -laws in order to use the proposed property for sale ofretail fence products, (i.e. mailbox posts, lamp posts, arbors) and a 2 bedroom apartment on second floor on property located in a C-2/R-3 zoning district at 18 Falmouth Road (Map 55 Parcel 24) l ashpc , MA. Sitting: Janes Regan, Robert Nelson and Zclla Elizenberry Attorney Robert hills represents the petitioner is the above matter. Petitioner is seeking to operate a facility called Cape Cod Fence at 18 Falmouth Road. Also in attendance are David Bisbee, Nice President of Davenport Realty and Rick Bates, President of Cape Cod Fence which is corporation owned by Davenport Realty. This property is also known as Merry Meadows Subdivision. Several of the lots in this subdivision have been sub-divided several threes since 1989. Basically petitioner is seeping to obtain some frontage from lot 141 and attach it to lot 90 (see exhibit B and C of Mr. Mills' report) in order to meet the current zoning requirements for lot frontage and square footage for land space requirements. Additionally, the Special Permit is being sought for retail business and consumer service establishments and is considered, as prior permits have been granted along the way, to be pre-existing and non-conforming. The proposed store for retail sale of merchandise will consist of but is not limited to lumberyards and building supply yards where merchandise is stored in the open but screened from ground level view from any abutting street. The store will be selling fencing, light posts, mailbox posts, arbors and sheds. There is some discussion with the Board and Attorney fills that they feel this should be a piing board issue regarding "re-allocation ofland" so t speak. Attorney dills informs the Board that the Planning Board will most probably require the Board of Appeals to grant their permits first before the Planning Board moves on anything. The Board feels favorably about this project at this point however, the feeling is also one of"a catch " at this point. Mr. Regan does feel the planning board should give authorization due to the fact the lot is at issue. The Board moves to continue this matter until April 9th 2003. All agree. So moved