Laserfiche WebLink
M Town of Mashpe' e <br /> 16('real JVeck koad,A16rd? <br /> +Au�� Washpec,Massachusetts 02649. <br /> MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A VARIANCE <br /> V-2019-45 <br /> Petitioner,Modi, LLC Bk.: 29541 <br /> (Owner of Record: Evergreen Energy, LLC) Pg.: 136 <br /> 588 Main Street, Mashpee, MA 02649 <br /> 10 Evergreen Circle (Map 19 Parcel 10-1) <br /> Mashpee, MA 02649 <br /> A Petition was filed on July 22, 2019 by Petitioner, Modi, LLC requesting a <br /> Variance under §174-25.1 (1) of the Zoning Bylaws to allow for relief from the minimum <br /> forty percent (40%) of the site shall be left in its undisturbed natural state on property <br /> located in an C-3 Zoning District, (Map 19 Parcel 10-1), 10 Evergreen Circle, Mashpee, <br /> MA. (Owner of Record:Evergreen Energy, LLC). <br /> Notice was duly given to abutters in accordance with Massachusetts General Laws <br /> Chapter 40A.Notice was given by publication in The Mashpee Enterprise, a newspaper of <br /> general circulation in the Town of Mashpee, on July 26, 2019 and August 2, 2019 a copy <br /> of which is attached hereto and made a part hereof. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the <br /> provisions of Massachusetts General Laws Chapter 40A §10 and the Town of Mashpee <br /> Zoning By-laws. <br /> Public Hearings were held on the Petition at the Mashpee Town Hall on <br /> Wednesday, August 14, 2019 at which time the following members of the Board of <br /> Appeals were present and acting throughout; Chairman,Jonathan Furbush,Vice Chairman, <br /> William Blaisdell, Board Members, Ron Bonvie, Scott Goldstein, and Norman J. Gould. <br /> Attorney Kevin Kirrane represented the Petitioner, Modi, LLC, and Owner, Jan <br /> Aggerbeck, of Cape Cod Coffee. Also present was Atlantic Design. A Special Permit <br /> application was submitted to the Planning Board for the use and design of the proposed <br /> building because of its location in the C-3 Zoning District. This project was presented to <br /> the Design and Plan Review committees as well. At the last Planning Board, meeting it <br /> was determined that there was a question relative to the undisturbed open space located on <br /> 10 Evergreen Circle. The interpretation of the undisturbed open space was that this space <br /> could be landscaped. There was a proposed landscape plan provided, and was presented to <br /> the Planning Board, and also to the Design and Plan Review committees. This plan can no <br /> longer be utilized because of the relief needed under §174-25.1 (1), which requires 40% <br /> undisturbed natural area on a lot situated in the C-3 Zoning District. <br /> 1 <br />