10/14/1992 ZONING BOARD OF APPEALS Minutes

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e TOWN OF MASHPEE Board of Appeals Minutes Wednesday, October 14, 1992 The Mashpee Board of Appeals held a meeting on Wednesday, October 14 , 1992 at 7 : 30 P.M. at the Mashpee Town Hall . Board members present and acting throughout were: ,john J. Friel , Michael A. Makunas , Edward M. Govoni and Jamie began . Building Inspector William F. Hauck was in attendance . Mr. Friel called the meeting to order at 7 :35 P.M. Cherrystones _Inc. - Requests a Special Permit under Section 174-25 .E. 2 for permission to construct a restaurant in a C-2 zoning district on property located at 375 Nathan Ellis Highway (Map 72 , Block 57B) Mashpee, MA. (Owner of record: Gerald P . Labute) . Cherrystones Inc . - Requests a Variance from Section 174-31 of the Zoning Ay-laws for permission to vary the minimum lot size, frontage and set-back rquirements in a C-2 zoning district on property located at 375 Nathan Ellis Highway (Map 72, Block 57B) Mashpee, MA. ( Owner of record: Gerald P. Labute ) . Members sitting: J. Friel , M. Makunas, E. Govoni Attorney Kevin Kirrane represented the applicant . Also present were James Kogut , owner of Cherrystones and engineer John Slavinsky . Mr. Kirrane explained that the proposal construct a restaurant similar to one which isnow leased on Route 151 . He said the lot was a pre-existing non-conforming lot because it is less than the 40, 000 sf which is now required. The lot has been owned for more than 25 years when lot size conformed to commercial zoning. Mr. Kirrane stated that a Town Meeting had changed the lot sizes as well as the buffer and frontage requirements and suggested that these changes were intended for the much larger lots at the rotary. He said that without Variance relief many of the older commercial lots cannot be used. He explained that the topography of the lot prevented placement of the building in any other location. 34 parking spaces are planned. Mr . Kirrane reviewed comments from the Building Inspector and did not believe that Article 174-17 applied to the application . He also said he did not think footnote #13 was applicable . The applicant plans to apply to Conservation, Design Review and the Board of Health. The second floor was to be used for office and storage and no public space. Mr. Friel asked if the only entrance and exit would be on Algonquin and Mr . Kirrane confirmed this .