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Re: <br />Town of Mashpee <br />16 Great JVeck Pvoad Jlrorth <br />MASHPEE ZONING BOARD OF APPEALS <br />Mashpee, lYlassachusetts 02649 <br />Decision for a Special Permit <br />House & Yard Lumber Company 440 Nathan Ellis Highway <br />Owner of Record: Harbor View Realty Trust Map 72 Parcel 87 <br />SP -03-22 <br />A Petition was filed on January 9, 2003 by House & Yard Lumber Company for a <br />Special Permit under Sections 174-25 of the Zoning By-laws to allow the display of the <br />Company's product namely gazebos, sheds and fencing for advertising purposes on <br />property located in a C-2 zoning district at 440 Nathan Ellis Highway (Map 72 Parcel <br />87) Mashpee, MA. Owner of Record: Harbor View Realty Trust. <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 31, 2003 and <br />• February 7, 2003, 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, February 12, 2003, at which time the following members of the Zoning <br />Board of Appeals were present and acting throughout: James E. Regan III, Marshall <br />Brem 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 />Special Permit Criteria <br />§ 9 of Chapter 40A requires: <br />"that the permit granting authority determine that the proposed use and development are <br />consistent with applicable law, rules and regulations; that there will be no adverse effect <br />on public health or safety; that there will not be an excessive demand upon community <br />0 <br />