08/27/2014 ZONING BOARD OF APPEALS Decision

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;4rop~vey �- lown, qfWashpce ak\: il'1(t.0t1wc, Ar(tSS(lcfiflSc((,ti 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A MINOR MODIFICATION SPECIAL PERMIT (SP-86-04-024) SP-2014-42 Owner of Record: Mashpee Commons Limited Partnership Mashpee Commons II LLC 38 Nathan Ellis Highway Cert of Title No. 193761 (Map 74 Parcel 20) Lot 12 Plan 34844-E Mashpee, MA 02649 Lot 7 Plan 26950-E Lot 4 34844-B A Petition was filed on August 1,2014 by Mashpee Commons Limited Partnership requesting a minor modifications under Special Permit SP-86-04-024 to address actual built conditions, relocate certain square footage of building space and location of parking areas, and previously approved residential units as permitted on property located in a C-1 Zoning District, at 38 Nathan Ellis Highway, Building 3, (Map 74 Parcel 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 in the Town of Mashpee, on August 8, 2014 and August 15, 2014 a copy of which is attached hereto and made a part hereof. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A §6 and the Town of Mashpee Zoning By-laws. Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, August 27, 2014 at which time the following Board Members were present and acting throughout; Chairman,Jonathan Furbush,Vice Chairman,William A.Blaisdell, Board Members, James Reiffarth, Richard Jodka, Associate Members Domingo K. DeBarros and Scott Goldstein. Also present was Building Commissioner, Michael Mendoza. Mr. Tom Feronti,represented Mashpee Commons requesting a minor modification to the Special Permit to address proposed changes to Building 3 (Asia Restaurant). The proposed addition is adding 250 square feet to the foot print of the building and adding 13 inside seats. The first phase was done this past spring, and the second phase of the project is adding outdoor dining on North Street. The Board had concerns to address from the fire department and questioned whether the renovations were considered minor or major within the specifications of the Special Permit. The Board consulted with Town Counsel and suggested an on-site meeting at the location with Mr. Feronti,members of the fire department,two Board members, and the Building Commissioner on September 2, 2014 to address these concerns. 1