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y 3 <br /> MASHPEE ZONING BOARD OF APPEALS <br /> DECISION TO GRANT WITHDRAWAL WITHOUT PREJUDICE <br /> PETITION FOR A FINDING OF FACT/SPECIAL PERMIT <br /> SP-2011-23 <br /> Stephen Berish, Trustee Certificate of Title#: 151204 <br /> 439 Nathan Ellis Highway Land Court Lot#: 717-724 &2166 <br /> Mashpee, MA 02649 Plan#: 11380B & 11380N <br /> A Petition was filed on May 19, 2011 by Stephen Berish, Trustee for a Finding <br /> under Section 174-24.J and a Special Permit/Modification under Section 174-25.E.(2) to <br /> allow for retail and service donut/pastry shop with accessory drive-thru window on <br /> property located in a C-2/R-3 zoning district at 439 Nathan Ellis Highway (Map 72 <br /> Parcel 23)Mashpee,MA. <br /> Notice was duly given to abutters in accordance with Massachusetts General <br /> Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a <br /> newspaper of general circulation in the Town of Mashpee, on June 3, and June 10, 2011 a <br /> copy 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 §9 and the Town of Mashpee <br /> Zoning By-laws. <br /> The Petition was opened twice, but not heard, and continued from the June 22, <br /> and July 27, 2011 Public Hearings at the request of the Petitioner. The following <br /> members of the Board were present and acting throughout: Board Members Robert G. <br /> Nelson, Jonathan D. Furbush, William A. Blaisdell, James Reiffarth and Associate <br /> Member Ronald S. Bonvie. <br /> On July 29, 2011, the ZBA office received a request from the Petitioner for <br /> permission to Withdraw his Petition. <br /> At the Public Hearings on August 10, 2011, the Board voted unanimously to <br /> accept the request for Withdrawal Without Prejudice of the above-referenced Petition. <br /> i <br />