7/15/1992 ZONING BOARD OF APPEALS Minutes

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E, TOWN OF MASHPEE Board of Appeals Minutes July 15, 1992 The Mashpee Board of Appeals held a meeting on Wednesday, July 15, 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 Regan. Acting Building Inspector William F. Hauck was in attendance. Mr . Friel called the meeting to order at 7 :35 P.M. Cape Cod Restaurants_ - d/b/a Picnic Box - has Appealed the Decision of the Building Inspector which cited a violation of the Town' s Zoning By-laws with the sale of produce and flowers without a Special Permit on property located at 518 Falmouth Road (Map 74, Block 16 ) Mashpee, MA. ( Owner of record: Fields Point Ltd. Partnership) . Members sitting: J. Friel, M. Makunas, E. Govoni. Mr . Makunas moved to uphold the Building Inspector' s decision to issue a Notice of Violation to Cape Cod Restaurants for failure to comply with Section 174-25 .F. 5 of the Zoning By-laws. Mr. Govoni seconded. All agreed. Cape Cod Restaurants - d/b/a Picnic Box - Requests a Modification of Special Permit 88-04-034 issued to Triton Management to allow for the outdoor sale of produce and flowers under Section 174-25 .F. 5 of the Zoning By-laws in a C-1 zoning district on property located at 518 Falmouth Road (Map 74, Block 16 ) Mashpee, MA. (Owner of record: Fields Point Ltd. Partnership) . Members sitting: J. Friel, M. Makunas, E. Govoni Attorney Mark Gildea represented the applicant, Linda Raub Zammer . Mr. Friel asked for a plan for the application and was informed that there was none. Mr. Gildea stated that there was public support for the fruit stand and discussed the many signatures which had been gathered in favor of maintaining the stand. He said that the only complaint on the stand came from the Building Inspector and that the stand does not impact public health or safety. He said people are happy with the stand, they find it convenient and he thought it contributed to tourism. He' suggested that the proposed use is consistent with the rules and regulations of Mashpee and of Massachusetts .