10/14/1992 ZONING BOARD OF APPEALS Decision

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er, ToWn of ;ffiasbpee 16 GREAT NECK ROAD NORTH MASHPEE, MA 02649 OLE BOARD OF APPEALS RE: Cherrystones, Inc. for a Variance - V-92-66 and V-92-72 Petitions were filed by Cherrystones, Inc. for a Variance from Section 174-31 of the Zoning By-laws for permission to vary the minimun lot size, frontage and setback requirements in a C-2 zoning district on property located at 375 Nathan Ellis Highway (Map 72, Block 57B) Mashpee, Massachusetts. (Owner of record: Gerald P. Labute) . 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 September 25, 1992 and October 2, 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, October 28, 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. Attorney Kevin M. Kirrane represented the applicant and informed the Board that the present owner had owned the lot for more than 25 years when it conformed to commercial zoning. Due to zoning changes in lot size and buffer requirements it was now a pre-existing non-conforming lot. The applicant plans to construct a restaurant with access from Algonquin Avenue. Comments were received from a direct abutter in favor of the application. The Board found that there were circumstances relating to the topography of the lot which affected the land in question but not the zoning district in which it is located and that a literal enforcement of the by-laws would involve hardship. The Board determined that relief could be granted without derogating from the intent or purpose of the by-laws for without detriment to the public good.