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'��mFcw <br />Town of Mashpee <br />BOARD OF APPEALS 16 treat JVeck Xoad Arch <br />Mashpee, Massachusetts 02649 <br />Decision for a Variance <br />RE: Mashpee Commons Limited Partnership V-99-48 38 Nathan Ellis Highway <br />Map 74 Block 20 <br />A Petition was filed on May 14, 1999 by Mashpee Commons Limited Partnership <br />of Mashpee, Massachusetts for a Variance from Section 174-31 of the Zoning By-laws to <br />vary the height requirements on property located in a C-1 zoning district at 38 Nathan <br />Ellis 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 May 21 and May 28, 1999, <br />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, June 9, 1999 at which time the following members of the Board of Appeals <br />were present and acting throughout: James E. Regan III, Robert G. Nelson, James M. <br />Dorgan and Richard T. Guen•era. <br />This Decision is issued by the Mashpee Board of Appeals pursuant to the <br />provisions of Massachusetts General Law, Chapter 40A, Section 10 and the Town of <br />Mashpee Zoning By-laws. <br />Mr. Renz, Vice President of Mashpee Commons, represented the applicant. Mr. <br />Randall Imai, architect, also attended the meeting. Mr. Imai stated that the eave heights <br />are within the Zoning By-law requirements. <br />The Board moved to continue the request for a Variance until June 23, 1999 to <br />allow for input from the Fire Department. <br />At the continued hearing on June 23, 1999, Mr. Renz represented the applicant. <br />and stated that the highest point on the proposed building (The Gap) will be 40 feet high. <br />Mr. Renz said that the purpose of the arch on the building is to hide the air conditioning <br />units. <br />Mr. Renz submitted a fax from Chief Baker addressing his concerns with the <br />proposed building. Mr. Renz informed the Board that the plans are being revised to <br />reflect the Fire Chief's requirements. <br />No comments were received from abutters. <br />