01/26/2011 ZONING BOARD OF APPEALS Minutes

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AUj ��i fZUy 'I'mim qf Nlashpee /1G Great-/beck. �koar1 tNi)r•th k1(1shp( ,, Alassacliuseas 02640 MASHPEE ZONING BOARD OF APPEALS DECISION TO GRANT REQUEST FOR WITHDRAWAL WITHOUT PREJUDICE VARIANCE V-11-04 Hatem Enterprises Nominee Trust Registry of Deeds Title Reference: 723 Falmouth Road Book: 13785 Page: 107 Mashpee, MA 02649 Assessor's Map 81 Parcel 2 A Petition was filed on December 30, 2010 by Hatem Enterprises Nominee Trust for a Modification of a Variance V-00-216 to allow for replacement of an existing canopy and fuel pumps with installation of a new canopy, new fuel pumps, and a new kiosk on property located in an 1-1 zoning district at 723 Falmouth Road (Map 81 Parcel 2) Mashpee, MA. Continued from January 26, 2011 Public Hearings. 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 January 7, and January 14, 2011, a copy of which is attached hereto and made a part hereof. Public Hearings were held on the Petition at the Mashpee Town Hall on January 26, and February 23, 2011. The following Board members were present and acting throughout: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell, John M. Dorsey and Associate Board Member Ronald S. Bonvie. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A §10 and the Town of Mashpee Zoning By-laws. At the Public Hearings on February 23, 2011, the Zoning Board of Appeals determined that the Petitioner met the criteria necessary for granting of a Modification to a Special Permit SP-00-215 and a Finding of Fact. It was determined that the Petition did not require Variance relief. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously on February 23, 2011 to grant the Finding of Fact. The Board also voted unanimously to grant the Petitioner's Request for Withdrawal Without Prejudice of Variance V-11-04.