09/13/1995 ZONING BOARD OF APPEALS Minutes

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TOWN OF MASHPEE BOARD OF APPEALS Minutes September 13, 1995 The Mashpee Board of Appeals held a meeting at 7:30 P.M. on Wednesday, September 13, 1995 at the Mashpee Town Hall. Board members present were Edward M. Govoni, Chairman; James E. Regan III, Clerk; and Associate Members Robert G. Nelson, Kenneth E. Marsters and Cheryl A. Hawver. Member absent was John J. Friel. Building Inspector William F. Hauck was in attendance. Alan and Charna Larkin - Request a Variance from Section 174-31 of the Zoning By-laws for permission to vary the frontage and lot size requirements in an R-5 zoning district to allow the construction of a single family dwelling on property located at 19 Cranberry Ave. (Map 50, Block 24) Mashpee, MA (Owner of record: Andrew J. Larkin TRS.) Members sitting: E. Govoni, C. Hawver, K. Marsters Attorney Kevin M. Kirrane represented the applicant. He explained that the Larkins purchased three lots in 1971 and built a home on one of the lots. It was later determined that the dwelling was constructed on the lot line of lots 287 and 288. They now wish to develop the vacant lot 286 which contains 28,660 sf and is larger than most lots in the • neighborhood. Attorney Kirrane mentioned that the lot has always been taxed separately and conformed to zoning at the time it was created. He referred to the decision in the Willard v. Board of Appeals of Orleans which states that the merging of non -conforming lots is intended only on undeveloped commonly held lots and that this is not the case with the Larkin land. Mr. Govoni said that the applicable zoning was 7,500 sf and 75' frontage. Mr. Marsters moved to grant a Variance to allow the construction of a single family house. Ms. Hawver seconded. All agreed. Mr. Govoni stated that the lot had been laid out and maintained as a buildable lot and the inability to use it would create a substantial hardship. John's Pond Center Realty Trust - Request a Modification of Special Permit 88-04-028 issued to Alexander Mitrokostas for a commercial complex. The applicant is applying under Sections 174-25.E.2 and 174-25.H.6 to allow an accessory drive-through window to be used in connection with the existing donut/pastry eating place on property located in a C-2 zoning district on property located on Route 151 and Ninigret Avenue (Map 72, Blocks 57 and 58) Mashpee, MA. Members sitting: E. Govoni, R. Nelson, K. Marsters Attorney Kevin M. Kirrane represented the applicant and explained that the donut shop will be relocated to the side and rear of the building and have a drive-in window.