04/28/2004 ZONING BOARD OF APPEALS Minutes

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OP '10 f NashPee wn o 16 GreatjVeck (load,Xol MASHPEE ZONING BOARD OF APPEAL�,las/�ip(?(,,, ,)/Iasscieli,Lisetts 62649 Decision for a Modification of a Special Permit RE: Daniel Donahue 428 Nathan Ellis Highway D.J. Donahue Corporation Map 72 Parcel 86 SP-04-62 A Petition was filed on March 30, 2004 for a Modification of a Special Permit (original permit SP-02-33)under Sections 174-17 of the Zoning By-laws to allow for additional office space to be built on property located in an C-2 zoning district at 428 Nathan Ellis Highway (Map 72 Parcel 86)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 April 9, 2004 and April 16, 2004, 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, April 28, 2004, at which time the following members of the Zoning Board of Appeals were present and acting throughout: Robert Nelson, James Regan and Frederick R. Borgeson. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A Section 9 and the Town of Mashpee Zoning By-laws. Daniel Donahue represents himself at this hearing. He is the current owner of the building on said property. He is seeking to modify his original special permit in order to build additional office space in the building. The Board reviews the plans and discusses the leasing of the property with Mr. Donahue. The Board feels this is a reasonable request and moves to grant the Special Permit. Special Permit Criteria § 9 of Chapter 40A requires: "that the permit granting authority determine that the proposed use and development are consistent with applicable law, rules and regulations; that there will be no adverse effect on public health or safety;that there will not be an excessive demand upon community facilities created as a result of the proposal;