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02/02/2005 ZONING BOARD OF APPEALS Minutes
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02/02/2005 ZONING BOARD OF APPEALS Minutes
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Zoning Board <br />Of Appeals Minutes <br />• 1 February 2, 2005 <br />TOWN OF MASHPEE <br />Zoning Board of Appeals <br />Minutes - Wednesday, February 2, 2005 <br />The Mashpee Zoning Board of Appeals held a Public Hearing on Wednesday, February <br />2, 2005 at 7:00 p.m. at the Mashpee Town Hall. Board Members James, Regan, Robert <br />Nelson and Zella Elizenberry were present. Also present were alternate members Evano <br />Cunha and Jonathan Furbush. Members Marshall Brem and Richard Guerrera were <br />absent. <br />Mr. Regan brought the meeting to order at 7:00 p.m. <br />Robert Nelson read one of the hearings that were continued at the last minute. <br />Couto Management Group, LLC: Requests a Special Permit from Sections 174-17, <br />174-24 and 174-25(e)(1) and (2) of the Zoning By-laws in order to alter a pre-existing <br />• non -conforming structure, to raze and replace with proposed building to allow for <br />commercial use of property under 10,000 square feet of combined floor space on less <br />than 10 acres in the C-2 district; and use for retail and restaurant to constrict a single <br />story building consisting of a Dunkin Donuts restaurant with a drive through window and <br />five additional retail units on property located in a C-2 zoning district at 6 Falmouth <br />Road/Rte 28 (Map 55 Parcel 7) Mashpee, MA. Owner: Marion Augusta <br />Sitting/Present: James Regan, Zella Elizenberry, Robert Nelson, Evano Cunha and <br />Jonathan Furbush. <br />Attorney Michael Ford presented for the petitioner. This was a continued matter from <br />January 12, 2005. The Board requested an opinion from Town Counsel regarding the <br />application of 174-17 of the zoning by-laws that Mr. Ford filed under to allow a drive- <br />thru Dunkin Donuts in a C-2 zoning district. Lori Corsi informed the Board that Attorney <br />Costello informed her of the following: <br />"Extensions, or alterations of all other non -conforming structures or non -conforming uses <br />may not be made unless there is a written finding by the Board of Appeals in that such <br />change, alteration or use may not be substantially MORE detrimental than the existing <br />nonconforming stricture or use to the neighborhood and that there is adequate land area <br />for sufficient parking and setbacks." <br />The Board will need some time to digest this information. However, Mr. Ford presented <br />• more information on the proposed retail area where the Santuit Inn will be torn down and <br />replaced with a drive thru dunkin donuts. Mr. Nelson stated that in a previous memo <br />
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