02/24/2010 ZONING BOARD OF APPEALS Minutes

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'110 wn of Alashpec 16 �atachccsoac. M)lMcish,pec, Moetts 02649 ' P 1 MASHPEE ZONING BOARD OF APPEALS 10 MAR -2 :0 0 DECISION FOR MODIFICATION OF A SPECIAL PERMIT Yarmouth Fish and Lobster, LLC d/b/a Mashpee Fish and Lobster OWNER OF RECORD: Mashpee Commons Limited Partnership 528 Falmouth Road Certificate of Title: 111302 Mashpee, MA 02649 Plan#: 31659B Map 74 Parcel 16 Lot#: 1 A Petition was filed on January 14, 2010 by Yarmouth Fish and Lobster, LLC d/b/a Mashpee Fish and Lobster for a Modification of a Special Permit under Sections 174-25 F (7) and 174-25 1 (10) to allow for limited food preparation on site, take-out window, and expanded product availability to include ice cream and outdoor picnic tables on property located in a C-I zoning district at 528 Falmouth Road(Map 74 Parcel 16) Mashpee, MA. (OWNER OF RECORD: Mashpee Commons Limited Partnership) Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on January 22, and January 29, 2010. Due to the forecast of a major winter storm, the February 10, 2010 Public Hearings were canceled and rescheduled to February 24, 2010. Notice was given again by publication in The Mashpee Enterprise on February 12, and February 19, 2010, a copy of which is attached hereto and made a part hereof. A Public Hearing was held on the Petition at the Mashpee Town Hall on Wednesday, February 24, 2010, at which time the following members of the Board were present and acting throughout: Robert Nelson, Jonathan Furbush, William Blaisdell, James Reifflarth, and John Dorsey. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Law, Chapter 40A, Section 9 and the Town of Mashpee Zoning By-laws. Attorney Kevin M. Kirrane represented the Petition. Mr. Michael McCarthy, principal operator of the property, also attended the meeting along with his business partner, Mr. Thomas Ellis. Attorney Kirrane said that the Petitioner has been operating under a lease with Mashpee Commons Limited Partnership at the subject property for approximately one season. The proposal calls for installation of a minor addition to the existing building with take-out windows. Additional parking and lighting will also be installed. Food service will not be offered outside of the building; however patrons have the option of using the picnic tables that the Petitioner plans to provide. Attorney Kirrane said that picnic tables will not be placed on the site until after the bathroom facilities are made available.