09/11/2013 ZONING BOARD OF APPEALS Decision

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Yawn of Maslzpee 16 Great-Aecl-Ioad,forth +hit Wasli cc lWassachtw-us 02649 Mashpee Commons Limited Partnership Owner of Record: 38 Nathan Ellis Highway Mashpee Commons II LLC Mashpee, MA 02649 Certificate of Title: #193761 Map 74 Parcel 20 Lot 12—34844-E Lot 7—26950-E Lot 4—34844-B A Petition was filed on August 16, 2013 by Mashpee Commons Limited Partnership requesting minor revisions under Special Permit SP-86-04-024 to address actual built conditions, relocate certain square footage of building space and location of parking areas, and previously approved residential units as permitted on property located in a C-1 Zoning District, at 38 Nathan Ellis Highway, Unit 31, (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 August 23, 2013 and August 30, 2013 a copy of which is attached hereto and made a part hereof. On September 11, 2013 Public Hearings were held on this Petition at the Mashpee Town Hall at which time the following Board members were present, Vice Chairman, William A. Blaisdell, Clerk,Ronald S.Bonvie,Board Member,James Reiffarth,Associate Members, Domingo K. DeBarros, and Richard Jodka, and Building Commissioner, Richard Morgan. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provision of Massachusetts General Laws Chapter 40A §9 and the Town of Mashpee Zoning By-laws. Sitting on this hearing was Board Members, Bill Blaisdell, Jim Reiffarth and Associate Members, Richard Jodka and Domingo DeBarros. Tom Feronti representing Mashpee Commons stated he is submitting a minor change under the existing Special Permit (SP-86-04-024) as they are proposed. The particular building is#31 shown on the 1986 master plan. This building will be located in the parking lot behind 11A and I IB, which is Talbot's, Joseph A. Banks and Pottery Barn Kids. Tom stated the Design/Plan Review Committee approved the plans. The proposal included spreadsheets explaining the square footage and allocation of Building#31 relative to the approved total square footage and parking on the master plan. Although they are removing some parking, there is still an excess of 68 parking spaces. There's also an updated wastewater table showing a 10,000 gallon capacity remaining in the wastewater treatment facility. 1