02/13/2008 ZONING BOARD OF APPEALS Minutes

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�'�IOWN 0A. ',iown of _ c 4 16 Gr-eat,Yeck 1kaad,North A;;,k L:� �y fashpee, Massachusetts 02649 MASHPEE ZONING BOARD OF APPEALS Decision for a Modification of A Special Permit RE: Mashpee Commons 38 Nathan Ellis Highway Limited Partnership Map 74 Block 20 SP-08-05 A Petition was filed on January 17, 2008 by Mashpee Commons Limited Partnership for a Modification to the original existing Special Permit SP-86-04-024. The Original Special Permit granted the applicant the right, with certain conditions to operate and build a retail/office/restaurant and residential complex. Since that date, applicant (formerly lalown as Fields Point Corporation and now laiown as Mashpee Commons Limited Partnership) has been operating under and in conformance with this Special Permit. Applicant now seeks to make to Special Permit SP-86-04-024 to address actual built conditions, relocate certain square footage of building space and the location of parking areas. Such minor changes are permitted under the C-1 zoning of the Zoning Ordinance, do not increase the gross square footage authorized under the existing Special Permit, and as a result, will not increase the intensity of the use of the site and will result in a more asthetically pleasing plan. As per Condition Number 5 of SP-86-04-024, applicant is requesting that such changes be approved by the Mashpee Zoning Board of Appeals. This request is made on property located in a G1 zoning district at 38 Nathan Ellis Highway(Map 74 Block 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 January 25, 2008 and February 1, 2008, a copy of which is attached hereto and made a part hereof. A Public Hearing was held on the Petition at the Mashpee Town Hall on Wednesday, February 13, 2008, at which time the following members of the Zoning