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1988 AUG-DEC-ZBA APPEALS
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1988 AUG-DEC-ZBA APPEALS
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'1 <br /> TOWN 4, <br /> .(.fwd:C:', • <br /> `i affin of MU,54prz <br /> t/ l <br /> P. O. BOX 1108 <br /> SAY' E MASHPEE. MA 02649 <br /> BOARD OF APPEALS <br /> DECISION <br /> Re: Decision of the Board of Appeals on Petition for Special <br /> Permit, requested by Dana Pierce, Trustee of Landmark Realty <br /> Trust, and, Owner of Record: Edward R. Wasil and Heleana <br /> Wasil (see Book 687 , Page 103, also Document No. 361976 ) , <br /> Case No. SP - 88-09-071 <br /> This matter was originally brought before the Board of <br /> Appeals at a Public Hearing on November 13, 1985 . The decision <br /> of the Board of Appeals was appealed by the Petitioner to the <br /> Superior Court, County of Barnstable, in Civil Action Docket <br /> No. 45848 . Upon stipulation of counsel, the case was ordered <br /> remanded to the Town of Mashpee Board of Appeals for further <br /> hearing. <br /> The Petitioner appeared upon said remand on Wednesday, <br /> September 28, 1988, pursuant to the notice given by publication <br /> in the Falmouth Enterprise, a newspaper with a general <br /> circulation in the Town of Mashpee, on September 14 and September <br /> 21, 1988, a copy of which is attached hereto and made a part <br /> hereof . Notice was also duly given to abutters in accordance <br /> with Massachusetts General Law Chapter 40A. <br /> The Public Hearing was heard on September 28, 1988, at the <br /> Mashpee Town Hall, at 7 :30 p.m. The Petitioner appeared and <br /> presented revised plans . <br /> The Petitioner, through its attorney, Michael ,A. Dunning, . <br /> indicated that the applicant, through its architect, Walter <br /> Yarosh, of Yarosh Associates, had appeared before the Design <br /> Review Committee, and that the plans as presented to the Board of <br /> Appeals reflected the suggestions made by the Design Review <br /> Committee . <br /> The Petitioner requesteda Special Permit pursuant to <br /> Section 6 . 3 and Section 9 . 2 of the land use requirements for <br /> permission to construct and operate a 70-unit motel with <br /> amenities, and further requested such additional Special Permit <br /> or other relief as the Board may have deemed required to <br /> construct and operate the amenities associated with said motel, <br /> which included a restaurant and health club, all as shown on <br /> aforementioned plans . <br />
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