04/09/2014 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION WITHDRAWAL OF A VARIANCE Mashpee Commons Limited Partnership 38 Nathan Ellis Highway, Unit 33 (Map 74 Parcel 20) Mashpee, MA 02649 V-2014-20 Mr. Reiffarth asked if Mashpee Commons changes buildings do they recalculate the leasing of different entities into the spaces of buildings,i.e.,restaurants,bowling allies, and so forth. Mr. Ford said; "yes, each time returning to the Board under Conditions 3 and 5 of the original 1986 Special Permit for any building brought online. It is required to update per the uses that are in those buildings at the time which may be different than first occupied. For example,if something has changed to a restaurant,than it's required to show the additional parking needed, the wastewater changes, and the square footage." Mr. Ford consulted with his clients and addressed the Board requesting a withdrawal of the Variance without prejudice. In view of the foregoing, the Zoning Board of Appeals accepted the Petitioner's request of withdrawal without prejudice of a Valiance 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. Upon duly made and seconded at the Public Hearings on April 23, 2014. 6