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16 Great Neck RoadNorth <br />wlashyee, wlassachusetts o2649 <br />Review as a Development of Regional Impact. <br />Chairman Fulone noted because Joe Callahan is not present he will seat Rob Hansen for the Public <br />Hearing. <br />Mr. Lehrer reminded the Board this is the same application that was submitted and withdrawn last year <br />for a retail grocery store. It is a mandatory referral to the Commission as a DRI and he will need a <br />motion to continue the Public Hearing and refer the project to the Cape Cod Commission for review. <br />The Public Hearing will open again once the Commission takes action on the petition. <br />MOTION: <br />Ms. Waygan makes a motion to continue the Public Hearing and refer the project to the Cape <br />Cod Commission as a DRI. Seconded by Mr. Balzarini. All in favor. <br />PUBLIC HEARING — 7:20PM <br />Applicant: Lisciotti Development Corporation <br />Location: 413 Nathan Ellis Highway (Map 72, Parcel 56A) <br />Request: The applicant requests a special permit to construct a 4,000 s.f. <br />Commercial building for retail paint sales. This application is made <br />pursuant to Sections 174-31 (N)(8), 174-25(E)(1), 174-24(C), 174-37, <br />174-82(1), 174-82(4), 174-41(M), 174-31(N)(14) of the Mashpee Zoning <br />Bylaw. The property is located in the C-2 Zoning District and <br />partially within Ground Water Protection Overlay District. <br />Attorney Kevin Kirrane is present tonight representing his son who is home in quarantine. He is pleased <br />to be representing Lisciotti Development, who is proposing to construct this commercial building on the <br />corner of Ninigret Ave. and Nathan Ellis Highway. Casey Burch from Solli Engineering and Chad <br />Brubaker with Lisciotti Development are both present this evening. <br />This site has been the subject matter of a great deal of scrutiny over the years. About a year ago he <br />represented a developer who was looking to add a Dollar Store to this site. The application was denied <br />by Zoning Board of Appeals. The site is impacted by three roads, two of which you can see and one <br />that is a paper road (Wampanoag Ave.) on Andy's Market side of this site. With all the setback criteria <br />it made it difficult to come up with a development scheme that would work. Before the Board is a client <br />and proposal that he believes meets bylaw requirements as well as a working scheme. Groundwater <br />Protection District line transects this parcel. He has talked to gas stations looking to locate on this site <br />but the overlay district couldn't be developed with petroleum. This is a 51,000 s.f. lot that has been <br />undeveloped for 10 years, since Cherrystones Restaurant burnt down, and has remained in an <br />undeveloped state overgrown with vegetation and unattractive in the Town. The building being <br />proposed is 4,000 s.f. and is within jurisdiction of the Planning Board because a portion of the building <br />is located in the Groundwater Protection District. Sections of the bylaw were mentioned, primary being <br />174-24(C) which is basic special permit criteria. Other sections relate to design of parking area and <br />construction within the overlay district. Proposed height is consistent. One section relates to lot <br />3 <br />