01/13/1993 ZONING BOARD OF APPEALS Decisions

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F I E L D S P O I N T February 2, 1993 Mr. John Freil Board of Appeals Town of Mashpee P.O. Box 1108 Mashpee, Massachusetts 02649 RE: Fields Point Limited Partnership 151 North project Map 74, Lots 22 and 35 Dear John and Members of The Board: As you are aware, questions have been raised recently as to procedure relative to Fields Point's original application for a special permit for North Market Street. These questions stem from changes in the Mashpee Zoning Ordinance during the period in which the project has been under review by the Cape Cod Commission. Based upon these changes, the Board of Appeals is no longer the special permit granting authority, as that has since been transferred to the Planning Board. Enclosed please find a copy of the July 18, 1990 application to the Board of Appeals for the original Special Permit under sections 174-24, 25, 28 an 35 of the Mashpee Zoning By-Laws. At the Annual Town Meeting of October 1990, Section 174-24C(1), was amended to designate the Planning Board as the Special Permit granting authority for proposals under Section IX. At the same time, Section IX was amended to add Section 174.45.1 regulating commercial centers and a new definition (Section 174.3A) for commercial centers was added to the bylaws. As a result of these amendments, the Board of Appeals is no longer the special permit granting authority with the authority to grant the relief necessary for this project. Therefore, Fields Point Limited Partnership would like to withdraw this application without prejudice. As always, if you have any questions regarding this matter, please feel free to call me. Sincerely, �as . Storrs FEB 3 1993 DSS:kpj Enclosure L',`b OF APPEALS MASHPEE COMMONS - P.O. BOX 1530 - MASHPEE. AIA 02649 - 508/471-5400