07/15/1992 ZONING BOARD OF APPEALS Decision

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-1 Town of ftla q;bpee 111 16 GREAT NECK ROAD NORTH eiE�F�h MASHPEE, MA 02649 BOARD OF APPEALS DECISION ON AN APPEAL RE: Cape Cod Restaurants - d/b/a Picnic Box N.O.A. 92-51 A Petition was filed by Linda Raub Zammer of Mashpee, Massachusetts for Cape Cod Restaurants d/b/a Picnic Box appealing the Decision of the Building Inspector which cited a violation of the Town's Zoning By-laws iwith the sale of produce and flowers without a Special Permit on property located at 518 Falmouth Road (Map 74, Block 16) Mashpee, Massachusetts. (Owner of record: Fields Point Ltd. Partnership) . Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Enterprise, a newspaper of general circulation in the Town of Mashpee, on June 5 and June 12, 1992, 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, June 24, 1992 at 7:30 P.M. 'at which time the following members of the Board of Appeals were present and acting throughout: John J. Friel, Michael A. Makunas and Edward M. Govoni. Mr. Friel explained that. the purpose of the hearing was to determine if the zoning enforcement officer acted properly in citing the applicant for a :..zoning violation. Testimony was received from William Zammer, representing the applicant, and John Renz, representing the owner, in favor of allowing a fruit stand. Comments were received from members of the audience in favor of the use. Members of the Board of Appeals stated that the By-laws require a Special Permit for the sale of produce and flowers. Upon motion duly made and seconded on July 15, 1992 the members of the Board of Appeals voted unanimously to deny the Appeal and uphold the ruling of the Building Inspector.