04/14/2004 ZONING BOARD OF APPEALS Minutes

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0A, Town of Mashpee 16 Great APeck 1koad,Afi)r1,h N MASHPEE ZONING BOARD OF APPEA41a shIme, Massachusetts 02649 AULE Decision for a Variance RE: McDonnell Enterprises, LLC 17 Cape Drive Map 55 Parcel 20 V-04-61 A Petition was filed on March 8, 2004 by McDonnell Enterprises, LLC for a Variance from Section 174-31 of the Zoning By-laws on a non-conforming lot that does not qualify for grandfather protections afforded under local bylaw which affords protection only to residential lots on property located in a C-2 zoning district at 17 Cape Drive (Map 55 Block 20) Mashpee, MA. 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 on March 26, 2004 and April 2, 2004, a copy of which is attached hereto and made a part in the Town of Mashpee, on hereof. A Public Hearing was held on the Petition at the Mashpee Town Hall on Wednesday, April 14, 2004 at which time the following members of the Zoning Board of Appeals were present and acting throughout: Frederick Borgeson, Robert Nelson and Zella Elizenberry. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A Section 10 and the Town of Mashpee Zoning By-laws. Attorney Kevin Kirrane represented the petitioner at this hearing. He is seeking a variance on this lot since there is no sufficient frontage and the lot is undersized. The is lot would be grandfathered under these local bylaws if it was a residentially zoned lot however, it is a commercially zoned lot. Without the variance the lot would have no value. After reviewing the plans,the Board feels the lots surrounding this lot have the same situation and the same should be granted to this petitioner, The Board moves to grant a 75-foot frontage variance and an 11,892 landspace variance.