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Town of Mashee <br /> /_' <br /> NIASHPEE ZONING BOARD OF APPEALS 16 Great JVeck load JVorth <br /> UIE''� la'lashpee, Massachusetts 02649 I � <br /> �A (U <br /> Decision for a Special Permit <br /> RE: World Gymof Cape Cod SP-00-179 Map 54 Block 5 <br /> J.D.M. Fitness, Inc. 106 Falmouth Road <br /> . I <br /> I <br /> A Petition was filed on September 11, 2000 by World Gym of Cape Cod for a <br /> Special Permit under Sections 174-25.B.11 and 174-25.H.6 of the Zoning By-laws to <br /> allow for mixed use of trade,professional and educational to accommodate nutritional <br /> programs, fitness counseling, fitness training and aerobic instruction on property located <br /> within the Groundwater Protection District in an I-1 zoning district at 106 Falmouth Road <br /> (Map 54 Block 5)Mashpee, MA. Owner of record: Duck Pond Limited Partnership. <br /> Notice was duly given to abutters in accordance with Massachusetts General !II <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 September 22 and <br /> September 29, 2000, 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, January 10, 2001, at which time the following members of the Zoning Board <br /> of Appeals were present and acting throughout: Edward M. Govoni, James E. Regan III <br /> and Robert G. Nelson. This Petition has been continued from the October 11 and <br /> December 13, 2000 Public Hearings. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the I j <br /> I� I <br /> provisions of Massachusetts General Laws, Chapter 40A, Section 9 and the Town of I <br /> Mashpee Zoning By-laws. <br /> Attorney Robert F. Mills represented the Petition for Mr. Jim Moses,President of <br /> JDM Fitness Centers. Attorney Mills stated the proposal qualifies as a primarily I I' <br /> educational use and that, under Section 174-25.B.11 of the Zoning By-laws,the <br /> Petitioner is entitled to operate this type of business in an Industrial Zone that provides <br /> I <br /> for"Trade,professional or school conducted as a private business for gain". <br />