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s <br /> pUT <br /> w6' Town g r - <br /> shpec <br /> MASHPEE ZONING BOARD OF APPEALS 16 Gf eat,1Veck Pvoad,Nof t1�, <br /> XE Nfashpee, Massachusetts 02649 <br /> Decision for a Special Permit (Modification) <br /> RE: Heritage Equity LTD Partnership 684 Falmouth Road <br /> Map 81 Parcel 24A <br /> Master Deed: Mashpee Professional <br /> Center Condo Trust SP-07-55 <br /> ("Text Change") <br /> A Petition was filed on August 7, 2007 to modify an existing Special Permit <br /> (1974-4) from Section 174-25 E(1) of the Zoning By-laws to implement a text change <br /> from "liquor retail" to "retail"when current dwelling is razed and replaced on property <br /> located in a C-1 zoning district at 684 Falmouth Road (Map 81 Parcel 24A) Mashpee <br /> 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 August 10, 2007 and <br /> August 17, 2007, a copy of which is attached hereto and made a part hereof. <br /> A Public Hearing was held on Wednesday, August 22, 2007 at the Mashpee <br /> Town Hall, at which time the following members of the Zoning Board of Appeals were <br /> present and acting throughout: Robert Nelson, Zella Elizenberry, George Bolton, James <br /> Reiffarth and Jonathan Furbush. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the <br /> provisions of Massachusetts General Laws Chapter 40A Section 9 and the Town of <br /> Mashpee Zoning By-laws. <br /> John Ellis of Baxter and Nye Engineering is present, along with Ernie Virgillio — <br /> Project Supervisor and Attorney Don Megathlin who represents the Talanian properties <br /> are all present to request the Special Permit and Variance for subject property. There are <br /> two Special Permits being requested; one is to change the language from"liquor retail" to <br /> simply"retail"; and the other is to raze and replace the existing building. The Variance <br /> request is for parking dimensions and the rear buffer zone. Town Counsel,Pat Costello <br /> was asked to render his opinion on how to proceed with the demolition of this building <br /> and the proper way to handle the permitting. The first special permit entails modifying <br /> the existing special permit (1974-4) to remove the word"liquor" and therefore requesting <br />