04/14/1999 ZONING BOARD OF APPEALS Decisions

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Town of Mashpee BOARD OF APPEALS Decision for a Special Permit 16 Great Neck load JVorth Mashpee, Massachusetts 02649 RE: Cape Cod Ventures, Inc. — Jiffy Lube SP -99-28 60 Falmouth Road Map 55 Block 9 A Petition was filed on March 19, 1999 by Cape Cod Ventures, Inc., of Hyannis, Massachusetts for a Special Permit under Sections 174-17, 174-20, 174-25.F.3., 174-25.H.6., 174-51.B., 174-55.B. and 174-55.C. of the Zoning By-laws for permission to demolish an existing structure and to construct a Jiffy Lube service station and signage on property located in a C-2 zoning district at 60 Falmouth Road (Map 55 Block 9) Mashpee, MA. (Owner of record: MAC Realty Trust). 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 March 26 and April 2, 1999, 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, April 14, 1999, at which time the following members of the Board of Appeals were present and acting throughout: James E. Regan III, Robert G. Nelson, Richard T. Guerrera and James M. Dorgan. This Decision is issued by the Mashpee Board of Appeals pursuant to the provisions of Massachusetts General Law, Chapter 40A, Section 9 and the Town of Mashpee Zoning By-laws. Mr. Regan stated that this hearing is a Chapter 112 hearing and any determination made by the Board will be conditioned payment of taxes on the subject property. Attorney Kevin Kirrane spoke on behalf of the applicant, Cape Cod Ventures, Inc., and reminded the Board that he had also represented the applicant last year. At that time the Board indicated that the type of use being proposed was an asset to the community, however, it was a use that was not appropriate for the location. Attorney Kirrane stated that Mr. Menendez, President of Cape Cod Ventures, Inc., located another parcel of land situated on the southerly side of Route 28, next to Botello Lumber Yard and Percy's Restaurant. The Special Permit being sought is for the operation of a Jiffy Lube Facility, an allowed use under Section 174-25.F.3. of the Zoning By-laws. Mr. Joe Pandolfo, contractor for the building; Mr. Randy Huber, site plan engineer from Rand Associates; Mr. Jim Noyes, traffic engineering consultant; and Mr. Joseph Menendez, President of Cape Cod Ventures, Inc., also attended the meeting.