04/14/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes 5 April 14, 2004 Volta Oil Co: Requests a Special Permit from Sections 174-14, 174-20, 174-24(c), and . 174-25 E (1) and (2) of the Zoning By-laws for use as Gasoline/Retail Sales Convenience Store/Eating Place and Service of Food and Beverages on property located in a C-2 zoning district at 414 Nathan Ellis Highway (Route 15 1) (Map 72 Parcel 85) Mashpee, MA. Owner of Record: Holly Tree Nominee Trust, Susan J. Musto, Trustee Sitting: Robert Nelson, Zella Elizenberry and Frederick Borgeson. Attorney Kevin Kirrane represents petitioner at this continued hearing. He is in receipt of Mr. Fudala's 7 page memorandum that was only furnished to him him today. He is obviously unable to comment on such lengthy document with such short notice. He asks for a continuance until April 28, 2004. The Board moves to grant the continuance. All agree. So moved. McDonnell Enterprises, LLC: Requests a Variance from Section 174-31 of the Zoning By-laws to vary the frontage requirements and lot size requirements on a pre-existing non-conforming commercial lot that does not qualify for grandfather protection under local by-law which affords protection only to residential lots on property located in a C-2 zoning district at 17 Cape Drive (Map 55 Parcel 20) Mashpee, MA. Sitting: Zella Elizenberry, Frederick Borgeson and Robert Nelson. Attorney Kevin Kirrane represents the petitioner at this hearing. The lot is situated in a C-2 area and therefore does not have the grand fathered protection of a residential lot. The lot is undersized and needs frontage in-order to meet the current zoning in that area. All of the surrounding lots have commercial businesses in them and he would like to have the same opportunity. He is seeking 75 feet of frontage and 11,892 square feet for lot size. The Board reviews the plans and discusses the other businesses in the immediate area. Frederick Borgeson moves to grant a 75-foot frontage variance and an 11,892 landspace variance. Zella Elizenberry seconds the motion. All agree. So moved. Southside Realty Trust: Requests a Comprehensive Special Permit under Massachusetts General Laws Chapter 40B for 16 proposed attached and detached single family dwellings located in a C-2 and R-5 zoning district at 334 Main Street (Route 130) (Map 36 Parcel 47) Mashpee, MA. Owner: SM Realty Trust , John and Gaile McShane Trustees Sitting: Robert Nelson, Zella Elizenberry and Frederick Borgeson. Present for the applicant John McShane is Attorney Kevin Kirrane, Matthew Teague, Project Manager and Justin Lamoureux from Horsley & Whitten along with Town Counsel Jonathon Silverstein. After several more meetings with various departments and parties, the applicant feels they have met all of the requirements put forth by the Board. They discuss the outcome of the meeting with DPW Director, Greg Taylor. The entryway resolution will be about 36 feet as they have eliminated the double barrel