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Town ofNashpee <br /> BOARD OF APPEALS 16 Great Xeck Y�oad Arth <br /> Mashpee, Massachusetts 02649 <br /> Decision for a Variance <br /> RE: Brickyard Marketplace 93 Old Brickyard Road, Map 72 Block 22 <br /> Nominee Trust V-98-82 439 Nathan Ellis Highway, Map 72 Block 23 <br /> A Petition was filed on May 1, 1998 by Brickyard Marketplace Nominee Trust <br /> of Avon, Massachusetts for a Variance from Sections 174-11 and 174-31 of the Zoning <br /> By-laws for permission to vary the setback requirements on properties located in C-2 and <br /> R-5 zoning districts at 93 Old Brickyard Road (Map 72 Block 22) and 439 Nathan Ellis <br /> Highway (Map 72 Block 23) Mashpee, MA. (Owner of record: Henry C. Labute). <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 June 5, 1998 and June <br /> 12,1998, 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 24, 1998 at which time the following members of the Board of Appeals <br /> were present aiid acting throughout: James E. Regan 1111, Cheryl Hawver and James M. <br /> Dorgan. <br /> Mr. Michael Grotzke of The Phoenix Group represented the applicant and <br /> submitted plans for commercial development of retail and small restaurant businesses. A <br /> lengthy discussion followed regarding safety, traffic and existing road conditions. Gerard <br /> Labute, Jane Labute, Chris Shute,Ray Watson and Maureen Quinlan, all abutters, voiced <br /> opposition to the project. <br /> The Board moved to continue the application until the August 12, 1998 meeting. <br /> At the continued hearing on August 12, 1998,the following members of the <br /> Board of Appeals were present and acting throughout: James E. Regan, James M. <br /> Dorgan and Robert G. Nelson. <br /> Mr, Grotzke represented the applicant with modified plans reducing the number <br /> of driveways, installing a five-foot white pine hedge fence in the back to provide a visual <br /> barrier and moving the septic system to the front of the lot. The applicants,Louise and <br /> Steven Berish, were present. <br /> Mr. Regan read a letter from Mr. and Mrs. Shute concerning increased traffic, <br /> litter and possible contamination of neighborhood wells. Mr. Regan also read a letter <br /> from Mr. and lWs. Gerard Labute with recommendations regarding the septic system, <br /> parking spaces and screening. Ms. Adele Labute, an abutter, sent a letter expressing <br /> approval of the project. Mr. Greg Taylor, Director,DPW, submitted a memo strongly <br />