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Mashpee40 <br /> wn of <br /> 16 Gir at Xeck Toad,_XX)i-th <br /> MASHPEE ZONING BOARD OF APPEAL )2pee 1YTassach,usetts 02649 <br /> Decision for a Special Permit <br /> 67 Industrial Drive <br /> Re: David Nailor Map 88 Parcel 25 <br /> D/b/a The Comfort Man SP-04-02 <br /> A Petition was filed on December 18, 2003 by David Nailor for a Special Permit <br /> from Section 174-25-H-9 of the Zoning By-laws to allow a 35 foot radio tower to be <br /> build for the use of 2-way radios for his business on property located in a I-1 zoning <br /> district at 67 Industrial Drive (Map 88 Parcel 25) 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 January 2, 2004 and <br /> January 9, 2004, a copy of which is attached hereto and made a part hereof. <br /> A Public Hearing was held on the Petition at the Mashpee Town Hall on <br /> Wednesday, January 14, 2004 and continued until April 14, 2004, at which time the <br /> following members of the Zoning Board of Appeals were present and acting throughout: <br /> James E. Regan III, Robert Nelson and Zella Elizenberry. <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 /> David Nailor represents himself at this hearing. He was before the Board in <br /> January and was continued until tonight's hearing for further research by the Board and <br /> the Building Inspector. Mr.Nailor is seeking a special permit in order to build a 35 foot <br /> radio tower so his employees can use 2-way radios as his business. Mr. Nelson informs <br /> Mr.Nailor that after some research he has come to realize that this matter has much gray <br /> area regarding the interpretation of the by-laws. Since the maximum height is 35 feet,the <br /> Board feels they are inclined to grant the special permit. There are other towers in the <br /> area and since it is zoned for industrial use,there is nothing detrimental to the area. The <br /> Board moves to grant the special permit. <br />