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i <br /> A. I <br /> i <br /> Mashpee Zoning <br /> Board ofpp eals Paul Bevacqua <br /> Owner: Ma hpee Commons Limited Partnership <br /> SP-o -5 <br /> SPECIAL PERMIT CRITERIA <br /> Section 174-25.H.6 of the Zoning By-laws states: <br /> Any other uses determined by the Zoning Board of Appeals to be substantially <br /> similar in their construction, operation, traffic and environmental impact to other uses <br /> allowed as of right or by special permit in a district and which are substantially dissimilar <br /> in those respects from uses prohibited in a district. where the Zoning Board of Appeals <br /> cannot make a clear determination, such uses shall be considered prohibited. No use <br /> specifically listed in the Table of Use Regulations shall be allowed by the Zoning Board <br /> f Appeals in any district where it is prohibited. In reviewing an application for <br /> determination under this subsection, the procedure applicable for a special permit shall be <br /> followed by the applicant and the Zoning Board of Appeals. <br /> SPECIFIC FINDINGS <br /> 1. the proposed use and development are consistent with applicable law, rules acid <br /> regulations. <br /> . there will be no adverse effect on public health or safety. <br /> . there will not be an excessive demand upon community facilities created as a <br /> result of the proposal. <br /> . there will not be a significant adverse impact on the envirornental factors listed <br /> in Section 174-24.C.2. <br /> . thero osd use, which while not specifically allowed by right or by Special <br /> P p <br /> Permit in the district, i similar to other uses allowed by right r'by Special Permit <br /> and substantially dissimilar to prohibited uses. <br /> 6. There is sufficient parking. f <br /> 1n view of the foregoing, th Mashpee Zoning Board of Appeals found that the <br /> applicant met the criteria necessary for the granting of a Special Permit. Upon motion <br /> duly made and seconded, the Zoning Board of Appeals voted unanimously n April 9, <br /> 2003, to grant a Special Permit. The Special Permit is conditioned upon compliance with <br /> proposed use of design plans submitted by applicant along with the preparation of food in <br /> 30-foot mobile kitchen. • <br />