8/28/1996 ZONING BOARD OF APPEALS Minutes

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TOWN OF MAS>VPEE Board of Appeals Minutes August 28, 1996 The Mashpee Board of Appeals held a meting at 7:30 P.M. on Wednesday, August 28, 1996 at the Carol H. Jacobson Senior Center. Board Members present and acting throughout were Edward M. Govoni, Chairman; James E. Regan III, Vice Chairman; Cheryl A. Hawver, Clerk and Associate Members Robert G. Nelson and Richard T. Guerrera. Building Inspector William F. Hauck was in attendance. James G. Haidas - (Cooke's Restaurant) -Requests a Variance from Section 17440 of the Zoning By-laws for permission to vary the access way requirements in a C-1 zoning district to allow access way for parking on property located in a C-1 zoning district at 7 Ryan's Way(Map 67, Block 74)Mashpee, MA. (Owner of record: Gary T. Melia). James G. Haidas - (Cooke's Restaurant) -Requests a Special Permit under Sections 174- 25.E.2, 174-25.11.6, 174-25110, 174-24, 174-52D of the Zoning By-laws for permission to construct a 170 seat restaurant with some outdoor dining on property located in a C-1 zoning district at 7 Ryan's Way (Map 67, Block 74) Mashpee, MA. (Owner of record: Gary T. Melia). Members sitting: E. Govoni, J. Regan, C. Hawver Attorney Meyer Singer represented the applicant. He reviewed the zoning on the lot and explained that a Variance was necessary since it was not possible to construct on the lot with an access of less than 200 feet from Great Neck Road North and between driveways on Ryan's Way. He stated that the lack of a legal access is clearly a hardship and that the lot could not be used if there was no driveway. The lot is over 1 112 acres, is in a commercial zone and was approved for commercial use in the early 1980's. The lot can accommodate the parking required and that no one could reasonably anticipate that this lot would not be used for commercial use. The Variance from the intersection of Ryan's Way and Great Neck Road would be approximately 50 feet while 150 feet to the sideline of Great Neck Road North. The driveway would be about 80 feet from the entrance to the Condominium property. Mr. Singer said that Ryan's Way has only three driveways on a 350 foot long private road that this would not derogate from the intention of the By-law to protect public safety. He said the Special Permit is requested for the restaurant and the accessory use for outside dining. He explained that the building setback requirements are exceeded and that parking requirements are met and that the structure will be compatible with others in a commercial district. The restaurant will install a denitrifying wastewater treatment system