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(01t'ry <br /> ;r >,sysyiown of Alashpec <br /> 16 Gr cat meek PVood JAfi)r1,h, <br /> )'lasl"lpee, NIassachuscttS 02649 <br /> MASHPEE ZONING BOARD OF APPEALS <br /> Decision for a Special Permit <br /> RE: Volta Oil, Co. 414 Nathan Ellis Highway <br /> Holly Tree Nominee Trust, Map 72 Parcel 85 <br /> Susan J. Musto, Trustee <br /> SP-04-39 <br /> A Petition was filed on February 23, 2004 for a Special Permit under Sections <br /> 174-17, 174-20, 174-24(c), and Section 174-25 E (1) and (2) of the Zoning By-laws to <br /> allow for a gasoline, service station, retail sales convenience store, eating place serving <br /> food and beverages on property located in an C-2 zoning district at 414 Nathan Ellis <br /> Highway (Map 72 Parcel 85) 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 February 27, 2004 and <br /> March 5, 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, March 24, 2004, Wednesday, April 14, 2004, Wednesday, April 28, 2004 <br /> and finally a decision was reached on Wednesday, May 12, 2004 at which time the <br /> following members of the Zoning Board of Appeals were present and acting throughout: <br /> Robert Nelson, James Regan and Frederick R. Borgeson. (Mr. Borgeson stepped down at <br /> the second hearing and Mr. Richard Guerrera was appointed). <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 /> Attorney Kevin Kirrane of Dunning and Kirrane represents the petitioner Volta <br /> Oil Co. They are seeking a special permit in order to demolish the existing gas station <br /> and rebuild a new gas station with use for retail, convenience store and an eating and <br /> beverage place. Mr. Kirrane informs the board that the building must maintain a buffer <br /> of 75 feet to Route 151 —the present building is setback 54 feet—the new one will be 100 <br />