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. I <br /> TOWN OF MASHPEE <br /> BOARD OF APPEALS <br /> P.O. BOX 1108 <br /> Mashpee, MA 02649 <br /> DECISION MODIFICATION <br /> OF <br /> A SPECIAL PERMIT <br /> Re: Decision of the Board of Appeals on Petition to Modify <br /> Special Permit (recruested by Bonwood Co. , formerly Pine <br /> Hill Estates , owner <br /> e$r�_oOf9 record: <br /> Reliance Development Corp. ) Case No. <br /> This matter was brought before the Board of Appeals of the <br /> Town of Ma`shpee by Bonwood Company, Inc. , and Reliance <br /> Development Corp. , Petitioner and Owner of 264 .41 acres of land <br /> located north of Route 151 and west of Old Barnstable Road, and <br /> partly bounded on the west by Algonquin Road and on the north by . <br /> Payamps Road. Said land is shown as Lots 35 and 35A on Mashpee <br /> Assessor's Map 65 . The Petitioner seeks to modify Paragraph 29 <br /> of "Decision of the Board of Appeals on Petition to Modify <br /> Special Permit, " dated January 29 , 1985, and specifically, to <br /> modify the Phase lines set forth on the Master Site Development <br /> Plan annexed to said Decision, so ,that the Phase lines shall be <br /> as set forth on plan entitled: "Preliminary Development Plan for <br /> Phase II Southport ( formerly Pine Hill Estates) Mashpee <br /> Massachusetts " , dated August 11, 1988, by E.J. Flynn Engineers, <br /> Inc . ( "Final Site Development Plan ' herein) . <br /> The Petitioner appeared on September 28, 1988, and presented <br /> said Final Site Development plan, a copy of which is filed with <br /> the records of this .case. Said plan shows a modification of <br /> Phase lines and reflects a reduction of Phases from four to <br /> three . <br /> Notice was duly giver, to abutters in accordance with <br /> Massachusetts General Laws Chapter 40A. Notice was given by <br /> publication in the Falmouth Enterprise, a newspaper of general <br /> circ:a_ation in the Town of Mashpee on September 14 , 1988 , and <br /> Septe-i:,er 21, 1988, a copy of which is attached hereto and made a <br /> Part hereof. <br /> A public hearing was held on the petition at the Mashpee <br /> Town -all on Wednesday, September 28, 1988, at 7 : 30 p.m. The <br /> Peti=:oner, through its attorney, Michael A. Dunning, indicated <br /> that a change in Phase lines was sought because the original <br /> Phase which included the Martha 's Pond area, required <br /> addi=:ona1 planning and engineering work In addition, <br /> const=•_ction in accordance with the original Phase lines would <br /> require_ Petitioner to construct, tear up and reconstruct portions <br /> of t::_ common area . <br />