04/09/2014 ZONING BOARD OF APPEALS Decision

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Town qf Mashpee G3`�y D,f �r y YG Great lVecl 'koacl A)rth i lash cc;Massachusetts 0264.9 MASHPEE ZONING BOARD OF APPEALS DECISION WITHDRAWAL OF A VARIANCE V-2014-20 Mashpee Commons Limited Partnership Owner of Record: 38 Nathan Ellis Highway Mashpee Commons II LLC Mashpee, MA 02649 Certificate of Title: #121818 (Map 74 Parcel 20) Lot: #12, Plan: #34844-D A Petition was filed by Mashpee Commons Limited Partnership under Article VII §174-31 (Land Space Requirements) of the Zoning By-laws to vary the building setback on property located in a C-1 Zoning District, at 38 Nathan Ellis Highway, Unit 33, (Map 74 Parcel 20), Mashpee, MA. 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 March 7, 2014 and March 14, 2014. On March 26, 2014, the Zoning Board of Appeals Public Hearings were cancelled due to no quorum and inclement weather, and this Petition was continued until April 9, 2014. Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, April 9, 2014 at which time the following members were present and acting throughout; Chairman, Jonathan Furbush, Vice Chairman, William A. Blaisdell, Board Members,James Reiffarth and Richard Jodka,and Associate Members Scott Goldstein and Dom DeBarros. Also present was Building Commissioner, Richard Morgan. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A §10 and the Town of Mashpee Zoning By-laws. Mashpee Commons submitted a letter to the Zoning Board of Appeals dated April 8, 2014 requesting a continuance until April 23, 2014 Public Hearings stating the following; "The Town Planner has raised certain discussion points that we feel would be best addressed prior to coming before the Board." The Board approved their letter of continuance. 1