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MARSH, MORIARTY, ONTELL 8 DACEY, PC. <br /> ATTORNEYS AT LAW <br /> ONE BOWDOIN SQUARE <br /> BOSTON, MASSACHUSETTS 02114 <br /> MICHAEL H.MARSH (617) 742-1822 JOSEPH D.CONV✓AY j <br /> ROBERT J.MORIARTY,JR. TELECOPIER (6I7) 720-2565 AMY CONROY <br /> IEFFREY L.ONTELL LAURA L.FITZGERALD <br /> F DANIEL P.DACEY* June 2, 2000 <br /> RICHARD M.GOLDER OF COUNSEL <br /> ` <br /> ALSO ADMITTED IN CALIFORNIA JOSEPH T.RUMNSTEIN <br /> t ALSO AD�l lt' AIL-RETURN RECEIPT **aLso ADMITTED IN NEW YORK <br /> REQUESTED AND BY HAND CDj <br /> David Leville C_ <br /> Board of Selectmen _ <br /> Town of Mashpee .9-1_T1 <br /> 16 Great Neck Road > <br /> Mashpee, MA 02649 N <br /> Re: Opposition to Canal Auto Body's Petition for a .� <br /> Variance and Application for a Special Permit <br /> Concerning 64 Algonquin Avenue, Mashpee <br /> Dear Selectmen: <br /> I <br /> Please be advised that this office and the undersigned are counsel to Mary E. Zocchi, <br /> Trustee of Masphee One Realty Trust(hereinafter the"Trust") and MEZ Realty, Inc. (he>einafter <br /> "MEZ") with respect to the proposed development by Canal Auto Body(hereinafter"Canal") of <br /> the real property now known as 64 Algonquin Avenue, situated in Mashpee, Barnstable County, <br /> Massachusetts (hereinafter the"Real Property"). <br /> The Trust owns the well field adjacent to Canal's proposed development. The well field <br /> services the adjacent residential community known as Lakeside Estates. Lakeside Estates is <br /> owned by MEZ. <br /> Canal proposes to use the Real Property as an automobile repair and body shop, a use that <br /> is not allowed as a matter of right in a C-2 Business Zoning District. Canal seeks a special <br /> Permit to locate its automobile repair and body shop on the Real Property. The Real Property, as <br /> shown on the Zoning Map of the Town of Mashpee, is essentially surrounded by R-3 and R-5 i! <br /> Residence Zoning Districts. <br /> r <br /> According to Chapter 174, Section 24(c) of the Zoning By-Law, adopted by the Town of <br /> Mashpee: <br /> "A special permit may be issued only....if it is determined that the ! <br /> proposed use or development....will not adversely affect public <br /> health or safety....will not decrease surface or groundwater quality <br /> or air quality, will not have a significant adverse impact on traffic , <br /> flow, traffic safety....or neighboring properties....will not cause ] <br />