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j' <br /> TOWN OF MASBPEE ' <br /> Minutes—Zoning Board of Appeals <br /> Wednesday,February 23,2000 <br /> 1 r, Ey <br /> I <br /> The Mashpee Zoning Board of Appeals held a meeting on Wednesday, February 23, <br /> 2000, at 7:30 P.M. at the Mashpee Town Hall. Board Members present were Chairman " ' r <br /> � r' <br /> Edward M. Govoni and Associate Members Zella E. Elizenberry, Richard T. Guerrera <br /> and Frederick R. Borgeson. Board Member Robert G.Nelson Vice Chairman James E. <br /> t; Regan III and Associate Member Marshall Brem were not present at the meeting. <br /> I Building Commissioner William F. Hauck and Building Inspector Russell W. Wheeler <br /> were in attendance. <br /> PUBLIC HEARINGS iJ <br /> F" ►' lq. <br /> J&M, LLC—Requests a Variance from Article IV for permission to amend the prior use I <br /> F Variance to allow for construction of a gasoline service station with ancillary retail sales <br /> on property located in an I-1 zoning district at 723 Falmouth Road(Map 81 Block 2) <br /> Mashpee, MA. (Owner of record: Wags Road Realty Trust.) I <br /> Sitting: Edward M. Govoni, Richard T. Guerrera and Zella E. Elizenberry. <br /> r <br /> Attorney Phil Lombardo represented the applicant and submitted photos of the existing <br /> gasoline station on the subject property. Product Engineer Donald Higgins also attended <br /> the meeting. Attorney Lombardo stated that the applicant proposes to replace the existing <br /> dilapidated station with a new gasoline station. The gasoline station was permitted by a <br /> a <br /> Use Variance in 1978 by the Zoning Board of Appeals. The Use Variance permitted the <br /> installation of a full-service gasoline station. It prohibited sale of cigarettes or soda. ,to 4%` <br /> I Attorney Lombardo stated that the applicant proposes to install a gasoline station with a P' <br /> convenience mart and a drive-through window. An amendment of the Use Variance ' <br /> would involve sale of retail items and permission to allow for self-service at the gasoline , <br /> pumps. The restriction in the 1978 Use Variance against the sale of boats or automobile <br /> would be acceptable to the applicant. <br /> Mr. Govoni confirmed with Mr. Wheeler that the lot is in an Industrial zoning district and <br /> P the requested Amendment to the Use Variance is not allowed by the Zoning By-laws. ,�k..;lk'� <br /> I , Mr. Govoni said that the Board cannot legally grant a Use Variance on something that is <br /> restricted by the Zoning By-laws. Town Counsel has recently informed the Board that <br /> drive-through windows are only allowed in a C-1 (Commercial)zoning district. <br /> I <br /> Attorney Lombardo argued that the Board has the authority to amend the Decision on the <br /> F Use Variance. Mr. Govoni said that an article in the Town Warrant would allow Special <br /> Permits and Variances to be amended. However,the Board does not have the authority <br /> r <br /> to do so at the present time. <br /> w <br /> A� <br />