11/10/1993 ZONING BOARD OF APPEALS Minutes

Home Browse Search

TOWN OF MASHPEE BOARD OF APPEALS Minutes November 10, 1993 The Mashpee Board of Appeals held a meeting on Wednesday, November 10, 1993 at 7:30 P.M. at the Mashpee Town Hall. Board members present and acting throughout were John J. Friel, Michael A. Makunas and Edward M. Govoni. Building Inspector William F. Hauck was in attendance. Mr. Friel called the meeting to order at 7:35 P.M. and announced that the tapes were not an official record of the meeting and were only used to prepare written minutes. S. Joseph Dimaggio - Has appealed the Decision of the Building Inspector dated August 27, 1993 concerning existing use of land in an R-5 zoning district at 135 Main St. (Map 37, Block 58) Mashpee, MA. • Members sitting: J. Friel, M. Makunas, E. Govoni Attorney Kevin Kirrane represented the applicant. Mr. Friel read Mr. Hauck's memo into the record. (Attached). Mr. Kirrane said he considered the sale of lottery tickets and propane as accessory to a full-service gasoline station and agreed that retail sales of gas grills were added after 1983 and required a special permit to expand the non -conforming use. The businesses that have been maintained on the site prior to 1980 are the well -drilling, bus company and service station. Fuel tanks have been installed on both lots since 1981 and stone bins have been built. Mr. Dimaggio had operated at the old Attaguin Hotel and had reviewed his uses with Town officials before moving to the present site and received approval. He said there is an on-going boundary line dispute with a neighbor and action is pending in the land court. Mr. Kirrane said that the Town's records on the continuing use of this property include licenses issued by the Board of Selectmen for the used car dealership commencing 1981-1982 on lot 58. He said he considered that the 6 -year statute of limitations has expired and mentioned that a 1983 building permit was issued indicating that an • expansion to the existing structure was to occur to allow for maintenance facilities. At th-s time the parcel had been combined by the assessors' office. He discussed encroachment 0f 30' into residential districts.