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` TOWN OF MASHPEE <br /> BOARD OF APPEALS <br /> DECISION <br /> Re; Petition of The Mashpee Construction Company, Inc, for a variance <br /> A Petition was filed by the Mashpee Construction Company, Inc. for <br /> a Variance of Section 6.3 F-1 of the land Use Regulations for permission to <br /> erect and operate a gasoline station on property located on Route 28, <br /> (710 of a mile from the Mashpee Rotary) Mashpee, Massachusetts. <br /> Notice was duly given to abutters in accordance with Massachusetts <br /> General laws, Chapter 40A as amended by Chapter 808 of the Acts of 1975. <br /> Notice was given by publication by publishing in the Falmouth Enterprise, <br /> a newspaper of general circulation in the Town of Mashpee on December 4, <br /> 1979 and December 14, 1979, a copy of which is attached hereto and made a <br /> part hereof. <br /> A public hearing was held on the petition at the Mashpee Town Hall <br /> on Wednesday, December 19, 1979 at 8100 p.m. at which time the following <br /> members of the Board of Appealswere present and acting throughout; Michael <br /> Makurias, Peter L. Langler, Raymond G. Sweeney. <br /> The Petitioner explained to the Board that the request for variance <br /> was identical to the request that was approved by the Board on November 29, 1978, <br /> with the exception that The Mashpee Construction Company has successfully <br /> acquired financing to commence with the project. <br /> The Board found under Section 10 of the Massachusetts General laws <br /> Chapter 40A: <br /> 1. A variance can be granted owing to the circumstances relating to <br /> the soil conditions, shape or topography of such land and especially affecting <br /> such land but not affecting generally the zoning district in which it is <br /> located, a literal enforcement of the provisions of this By-law would involve <br />