05/24/1995 ZONING BOARD OF APPEALS Decisions

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ToWn of Ola obpee im 'e� j• 16 GREAT NECK ROAD NORTH MASHPEE, MA 02649 BOARD OF APPEALS Decision for a Special Permit RE: Deer Crossing Associates - SP-9540 681 Falmouth Road Map 81 Blocks 35/11D-24D An Application was filed on April 20, 1995 by Deer Crossing Associates Inc. for a Special Permit under Sections 174-17 and 174-25 of the Zoning By-laws for permission to construct Building E of Deer Crossing on property located in a C-1 zoning district at 681 Falmouth Road (Map 81; Blocks 35, 64, 23, 32) Mashpee, MA. The proposed use of the building is a retail hardware store with outside sales of plants and landscaping supplies and second floor office or retail use. The Board of Appeals issued Special Permit 90-29 for a Building E on May 29, 1990 which has lapsed. The proposed building is to be located adjacent to Michael's Restaurant. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on May 5, 1995 and May 12, 1995, a copy of which is attached hereto and made a part hereof. A Public Hearing was held on the Petition at the Mashpee Town Hall on Wednesday, May 24, 1995 at 7:30 P.M. at which time the following members of the Board of Appeals were present and acting throughout: Edward M. Govoni, Cheryl A. Hawver and Kenneth E. Marsters. This Decision is issued by the Mashpee Board of Appeals pursuant to the provisions of Massachusetts General Law, Chapter 40A, Sections 6 and 9 and Sections 174-17 and 174-25 of the Town of Mashpee Zoning By-laws. Attorney Robert Mills represented the Applicant and informed the Board that the commercial buildings in Deer Crossing were constructed with valid building permits between 1983 and 1986 but that no Special Permit was issued for the entire project although Special Permits were issued for individual uses. He explained that a Special