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• <br />0 <br />RE: <br />Town of Mashpee <br />16 Great Jlreck Pvoad JVorth <br />MASHPEE ZONING BOARD OF APPEALS lYMashpee, Massachusetts 02649 <br />Decision for a Special Permit <br />Gary J. Bourne, Bourne Petroleum 135 Main Street <br />Owner of Record: S. Joseph DiMaggio Map 37 Parcel 58 <br />SP -03-30 <br />A Petition was filed on January 31, 2003 by Gary Bourne, Bourne Petroleum, <br />Middleboro, Massachusetts, for a Special Permit under Section 174-17 and 174-25 for the <br />expansion of a non -conforming service station on property located in an R-5 zoning <br />district at 135 Main Street (Map 37 Parcel 58) 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 14, 2003 and <br />February 21, 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 26, 2003 and continued to March 12, 2003 and again to April 9, <br />2003 at which time the following members of the Zoning Board of Appeals were present <br />and acting throughout: James Regan, Zella E. Elizenberry and Robert Nelson. <br />The Mashpee Zoning Board of Appeals issues this Decision pursuant to the <br />provisions of Massachusetts General Law, Chapter 40A, Section 9, the Town of Mashpee <br />Zoning By-laws. <br />Attorney Kevin Kirrane represents petitioner Gary J. Bourne, of Bourne Petroleum, at <br />the hearings on March 12, 2003 and April 9, 2003. Currently the applicant has a lease to <br />operate the proposed business on site, with an option to purchase the site. The Applicant <br />has taken the steps to clean up the site having removed more than 10 tons of debris, more <br />than 100 tires and approximately 20,000 pounds of metal and 36 cars, trucks and/or <br />