04/12/1995 ZONING BOARD OF APPEALS Decisions

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41 Tobin of Aubpee �i16 GREAT NECK ROAD NORTH MASHPEE, MA 02649 BOARD OF APPEALS Decision for a Special Permit Re: Stephen C. and Kathy Kyros - SP 95-30 44 Falmouth Road Map 55, Block 18 An Application was filed on March 6, 1995, by Stephen C. and Kathy Kyros of Massachusetts for a Special Permit under Sections 174-25.E.2 and 174-25.H.6 of the Zoning By-laws for a pastry, donut and coffee shop with accessory drive-through window in a C-2 zoning district on property located at 44 Falmouth Road (Map 55, Block 18) Mashpee, Massachusetts. (Owner of record: Merry Meadow Enterprises, Inc.). 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 24, 1995 and March 31, 1995, a copy of which is attached hereto and made a part hereof. A Public Hearing was held on the Application at Mashpee Town Hall on Wednesday, April 12, 1995, at which time the following members of the Board of Appeals were present and acting throughout: Edward M. Govoni, James E. Regan III and Kenneth E. Marsters. The Application was taken under advisement and a request made of the applicant to submit some additional documentation consistent with issues raised at the time of the Public Hearing. This Decision is issued by the Mashpee Board of Appeals pursuant to the provisions of M.G.L. Ch. 40A, Section 9 and 174-25.E.2 and 174-25.H.6 of the Town of Mashpee Zoning By-laws. Attorney Kevin M. Kirrane represented the applicant and explained that the property is a vacant parcel of land situated at the comer of Falmouth Road (Route 28) and Cape Drive. It is situated in a Commercial Zoning District and contains some 33,000 square feet. He further explained that the lot has frontage on both Route 28 and Cape Drive.