1990 JAN-JUN-ZBA APPEALS - Laserfiche WebLink

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ne/; 4�p� r, 1 TaluI2 of �71ZMSh�JPE h P. O. BOX 1106 MASHPEE. MA 02649 BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT RE: P & H Trust for a Special Permit SP-90-29 A Petition was filed by P. & H. Trust for a Special Permit under Section 174-25 of the Zoning By-laws for permission to construct Building E of Deer Crossing in a C-1- zoning district on property located at 681 Falmouth Road (Map 81, Block 35) Mashpee, MA. (Owners of record: Paul J. Hartel and William W. Peters, TR.) Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication. in The Enterprise, a newspaper of general circulation in the Town of Mashpee on February 26, 1990 and March 5, 1990, 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, March 14, 1990, at 7:30 p.m. at which time the following members of the Board of Appeals were present and acting throughout: Cheryl A. Hawver, Michael A. Makunas and John J. Friel. . Attorney Michael A. Dunning represented the Petitioner. He reported to the Board that Building E is the last major component of the Deer Crossing Marketplace complex. The other buildings, Buildings A, B, C, and D were constructed between 1983 and 1986. Building Inspector Douglas Boyd, who was present at the hearing, stated that Buildings A, B, C & D were constructed pursuant to validly issued building permits, but there is no Special Permit governing the complex as a whole. At the time of construction the prevailing interpretation of the Mashpee Zoning By-law by the Building Inspector was that the issuance of a special permit was not a precondition for the issuance of building permits on commercial projects of this nature, although