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us <br />`town of Mashpee <br />BOARD OF APPEALS <br />Decision for a Variance <br />Cape Cod Ventures, Inc. — Jiffy Lube V-99-27 <br />16 Great JVeck ! oad Xonh <br />Mashpee, Massachusetts 02649 <br />60 Falmouth Road <br />Map 55 Block 9 <br />A Petition was filed on March 19, 1999 by Cape Cod Ventures, Inc. of Hyannis, <br />Massachusetts for a Variance from Section 174-3 land Section 174-40 of the Zoning <br />By-laws for permission to vary the lot frontage and accessway requirements on property <br />located in a C-2 zoning district at 60 Falmouth Road (Map 55 Block 9) Mashpee, MA. <br />(Owner of record: MAC Realty Trust). <br />Notice was duly given to abutters in accordance with Massachusetts General <br />Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a <br />newspaper of general circulation in the Town of Mashpee, on March 26 and April 2, <br />1999, a copy of which is attached hereto and made a part hereof. <br />A Public Hearing was held on the Petition at the Mashpee Town Hall on <br />Wednesday, April 14, 1999, at which time the following members of the Board of <br />Appeals were present and acting throughout: James E. Regan III, Robert G. Nelson, <br />Richard T. Guerrera and James M. Dorgan. <br />This Decision is issued by the Mashpee Board of Appeals pursuant to the <br />provisions of Massachusetts General Law, Chapter 40A, Section 10 and the Town of <br />Mashpee Zoning By-laws. <br />Mr. Regan stated that this hearing is a Chapter 112 Hearing and any determination <br />made by the Board will be conditioned upon payment of taxes on the subject property. <br />Attorney Kevin Kirrane spoke on behalf of the applicant, Cape Cod Ventures, <br />Inc., and reminded the Board that he had also represented the applicant last year. At that <br />time the Board indicated that the type of use being proposed was an asset to the <br />community, however, it was a use that was not appropriate for the location. Attorney <br />Kirrane stated that Mr. Menendez, President of Cape Cod Ventures, Inc., located another <br />parcel of land situated on the southerly side of Route 28, next to Botello Lumber Yard <br />and Percy's Restaurant. <br />Attorney Kirrane submitted assessors' maps showing the subject property, as well <br />as the other commercial properties in the area, which clearly reveal that none of those <br />parcels meet the 600 -foot frontage requirement. Attorney Kirrane also stated that the <br />applicant does not meet the accessway requirements. The Variance relief being sought is <br />to enable the development of a parcel which has less than 600 feet of frontage and to <br />allow for construction of an accessway that is within 200 feet of another accessway. The <br />