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/'`mod 1''�•f' <br /> 1own <br /> of Mashpec <br /> 6 Great Xeck koad North, <br /> MASHPEE ZONING BOARD OF APPEAL1ashpee 1�1assacl2��setts 0649 <br /> Decision for a Special Permit <br /> RE: Daniel Donahue 428 Nathan Ellis Highway <br /> 72 Parcel 86 <br /> D.J. Donahue Corporation Map Sp_04-69 <br /> Gary Tavares - Leasing <br /> A Petition was filed on April 14,2004 for a Special Permit under Sections 174-51 and <br /> 174-54 of the Zoning By-laws to erect a sign greater than 20 square feet but no more than <br /> 40 square feet on property located in an C-2 zoning district at 428 Nathan Ellis Highway <br /> (Map 72 Parcel 86) Mashpee, MA. <br /> Notice was duly given to abutters in accordance with Massachusetts General <br /> Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a <br /> newspaper of general circulation in the Town of Mashpee, on April 23, 2004 and April <br /> 30, 2004, a copy of which is attached hereto and made a part hereof. <br /> A Public Hearing was held on the Petition at the Mashpee Town Hall on <br /> Wednesday, May 12, 2004, at which time the following members of the Zoning Board of <br /> Appeals were present and acting throughout: Robert Nelson, James Regan and Zella <br /> Elizenberry. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the <br /> provisions of Massachusetts General Laws Chapter 40A Section 9 and the Town of <br /> Mashpee Zoning By-laws. <br /> Gary Tavares of Tavares Landscaping Company represents himself at this <br /> hearing. He is seeking a special permit to have a sign larger than the allowed 20 square <br /> feet but not larger than 40 square feet. Design Review Committee has approved the sign. <br /> The Board feels this is a reasonable request and moves to grant the Special Permit. <br /> Special Permit Criteria <br /> § 9 of Chapter 40A requires: <br /> "that the permit granting authority determine that the proposed use an <br /> 4; <br /> development are consistent with applicable law, rules and regulations; that there <br /> will be no adverse effect on public health or safety;that there will not be an <br /> excessive demand upon community facilities created as a result of the proposal; <br /> F <br /> r <br /> d <br />