1990 JUL-DEC-ZBA APPEALS - Laserfiche WebLink

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Board of Appeals McDonald's Sp-90-56 3. other use other than natural vegetation, landscaping, allowed signs at, access driveways. The Board determines that footnote 14, even if applicable to the C-1 District, contemplates uses which appear to be separate and distinct from the primary use of a lot and in the case of the applicant, the Board finds that the existing parking is a use in and of itself which is a lawful, pre-existing non-conforming use under the present requirements of footnote 14. The Board specifically determines that the proposed structure meets the requirements of the provisions set forth within the Mashpee By-law. The Board specifically determines that the modification of the pre-existing parking use meets the requirements of those provisions set forth within the Mashpee By-law and that the plan provides adequate land area for sufficient parking and set-backs. The Board finds that the uses are in harmony with the general purpose and intent of the Zoning By-laws, that the modification will not be more substantially detrimental to the neighborhood than the existing parking use at, restaurant use. The Board specifically finds that relinquishing the alcoholic beverage license, conforming to the required set-back from Donna's Lane, lessening the non-conforming aspect of the parking use in its proximity to Route 28, enhancing the landscaping of the site and improving the traffic flow patterns an and to and from the site, and improving the overall aesthetics and appearance of the structure and usage all contribute to the Board's finding and conclusion that the proposed use is consistent with applicable by-laws, and will not adversely affect public health and safety, will not cause excessive demand on community facilities, will not significantly decrease surface at, groundwater quality or air quality, will not have a significant adverse impact on wildlife habitat, estuarine systems, traffic flow, traffic safety, waterways, fisheries, public lands or neighboring properties, will not cause excessive levels at, noise, vibration, electrical disturbance, radioactivity at, glare, will not destroy or disrupt any species listed as rare, endangered at, threatened by the Massachusetts Natural Heritage Program at, any known historic or archeologic site, will properly dispose of stumps, construction debris, hazardous materials and other waste at a State approved commercial landfill, will provide adequate off-street parking, will not cause excessive erosion or cause increased runoff onto neighboring properties or• into any.natural river, stream, pond or, water body and will not otherwise be detrimental to the Town at, the area. Upon motion duly made and seconded, the Board of Appeals voted unanimously on October 24, 1990 to grant the special permit subject to the following conditions: 1. That the applicant obtain all necessary curb-cut approvals from the Commonwealth of Massachusetts with respect to access_ and egress from and to Route 28;