08/12/1998 ZONING BOARD OF APPEALS Decisions

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Town ofNashpee 16 Great Veck �kpad Xorth Mashpee, Massachusetts 02649 BOARD OF APPEALS Decision for a Variance Loewen Group V-98-1 10 127, 137 Nathan Ellis Highway Map 74 Block 29, Map 73 Block 34 A Petition was filed on July 8, 1998 by the Loewen Group for a Variance fr�m Section 174-31 of the Zoning By-laws for permission to vary the frontage and setback requirements on property located in C-I and R-5 zoning districts at 127 and 137 Nathan Ellis Highway, Route 15 1, (Map 74 Block 29,Map 73 Block 34)Mashpee, MA. (Owner of record: Turks Head 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 July 24 and July 31, 1998, 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, August 12, 1998, at which time the following members of the Board of Appeals were present and acting throughout: James E, Regan U1, James M. Dorgan, Richard T. Guerrera and Robert G. Nelson. This decision is issued by the Mashpee Board of Appeals pursuant to the provisions of Massachusetts General Law, Chapter 40A, Section 10 and the Town of Mashpee Zoning By-laws, Attorney Kevin Kirrane represented the applicant with a detailed outline of the proposed construction of a mortuary and fitneral home, a necessary service to the Town of Mashpee. He stated that the property consists of two separate lots totaling approximately 2.5 acres of land and is adjacent to the Mashpee Fire and Police Departments. Each lot contains over one acre of land and each has approximately 250 feet of frontage along Route 15 1, creating a combined frontage of nearly 500 square feet. The property is bordered on the easterly, westerly and northerly sides by land owned by the Town of Mashpee. Mr. Kirrane pointed out that the two lots complied with the zoning by-laws at the time they were created and became non-conforming when the Town adopted a 600 foot frontage requirement. The two lots are being combined to generate space necessary to operate the proposed facility and to achieve maximum feasible compliance with the Zoning By-laws. The variance is requested to allow for a I 00-foot front setback relief and a 10- foot rear setback relief No comments were received from abutters.