04/11/2001 ZONING BOARD OF APPEALS Decisions

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Town of Mashee P y. 16 Great Xeck Poad Xorth oil Mashpee, Massachusetts 02649 MASHPEE ZONING BOARD OF APPEALS Decision for Denial Without Prejudice of a I ;� Petition for a Variance i RE: Executive Auto, Inc. V-01-45 6 Cape Drive & 18 Falmouth Road Map 55 Blocks 23 &24 A Petition was filed on March 20 2001 b Executive Auto Inc. of East Falmouth, > Massachusetts for a Variance from Section 174-31 of the Zoning By-laws for permission to vary the frontage requirements on a pre-existing,non-conforming property to allow for the sale of automobiles and repair of automobiles on properties located in a C-2 zoning district at 6 Cape Drive and 18 Falmouth Road(Map 55 Blocks 23 and 24)Mashpee, f MA. Owner of record: Merry Meadow Enterprises, Inc. II 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 23 and March 30, 2001, a copy of which is attached hereto and made a part hereof. This Petition has been continued from the April 11, 2001 Public Hearings at the request of Mr. Michael C. Hickey, President of Executive Auto Inc. The Board voted unanimously to continue the Petition until May 23, 2001 to allow the Petitioner an opportunity to receive approval from Technical Review and the Design Review Committee. At the Public Hearings held on the Petition at the Mashpee Town Hall on Wednesday, May 23, 2001,the following members of the Zoning Board of Appeals were present and acting throughout: James E. Regan III, Robert G.Nelson and Zella E. Elizenberry. i The Mashpee Zoning Board of Appeals issues this Decision pursuant to the I provisions of Massachusetts General Laws Chapter 40A Section 10 and the Town of p Mashpee Zoning By-laws. The Board received a memo from the Planning Department artment in opposition to the k proposal. The Board also received correspondence from Walter Yarosh, a member of the Design Review Committee, regarding crucial and unresolved issues of the proposal. j, In view of the foregoing,the Mashpee Zoning Board of Appeals found that the Petitioner did not meet the criteria necessary for the granting of a Variance. Upon motion duly made and seconded,the Zoning Board of Appeals voted unanimously on May 23, 2001 to Deny Without Prejudice the above-referenced Petition for a Variance V-01-45. i I � I