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Town of Mashpee <br /> y <br /> MASHPEE ZONING BOARD OF APPEALS 16 Great Beck load Xorth <br /> DIE Mashpee, Massachusetts 02649 <br /> Decision for a Special Permit <br /> RE: Mashpee Commons 38 Nathan Ellis Highway <br /> Limited Partnership SP-00-43 Map 74 Block 20 <br /> A Petition was filed on January 14, 2000 by Mashpee Commons Limited <br /> Partnership for a Revision to an existing Special Permit SP-86-04-024, as allowed <br /> under Conditions Numbers 1 and 5, for permission to revise the site plan, landscaping <br /> and parking plans on property located in a C-1 zoning district at 38 Nathan Ellis <br /> Highway(Map 74 Block 20)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 January 21 and January 28, <br /> 2000, 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 9, 2000, at which time the following members of the Zoning Board <br /> of Appeals were present and acting throughout: Edward M. Govoni, Zella E. Elizenberry <br /> and Richard T. Guerrera. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the <br /> provisions of Massachusetts General Law, Chapter 40A, Section 9 and the Town of <br /> Mashpee Zoning By-laws. <br /> Mr. Storrs, Vice President of Mashpee Commons Limited Partnership, <br /> represented the applicant's request for a Revision to an Existing Special Permit. <br /> Condition#5 of the Special Permit, SP-86-04-024,requires the applicant to request and <br /> receive consent from the Zoning Board of Appeals for any revisions to the original <br /> Special Permit. The applicant is petitioning for a revision to the Special Permit in order <br /> to reconfigure parking spaces and to propose new landscaping. <br /> No comments were received from abutters. <br /> GENERAL FINDINGS <br /> 1. that the subject property is located at 38 Nathan Ellis Highway and consists of <br /> 40.3 acres of land. <br /> SPECIAL PERMIT CRITERIA <br /> Section 9 of Chapter 40A and Section 174-24C of the Mashpee Zoning By-law <br /> require that the permit granting authority determine that the proposed use and <br /> development are consistent with applicable law,rules and regulations; that there will be <br /> no adverse effect on public health or safety;that there will not be an excessive demand <br />