5/28/2003 ZONING BOARD OF APPEALS Minutes

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r { Mashpee Zoning Board of Appeals Joseph Murphy Owner of Record: Trinity Nominee Trust SP- -75 SPECIAL PERMIT CRI'T'ERIA Section 174-25-H.6 of the Zoning B y-laws states: Any other uses determined by the Zoning Board of Appeals to be substantially similar in their construction, operation, traffic and environmental impact to other uses allowed as of right or by special permit in a district and which are substantially dissimilar in those respects from uses prohibited in a district. Where the Zoning Board of Appeals cannot male a clear determination, such uses shall be considered prohibited. leo use specifically listed in the Table of Use Regulations shall be allowed by th Zoning Board of Appeals in any district where it is prohibited. In reviewing an application for determination under this subsection, the procedure applicable for a special permit shall be followed by the applicant and the Zoning Board of Appeals. SPECIFIC FINDINGS 1. the proposed use and development are consistent with applicable lav, rules and regulations. 2. there will be no adverse effect on public health or safety. 3. there will not be an excessive demandpri ocommunity facilities created as a result of the proposal. 4. there will not be a significant adverse impact on the environmental factors listed in Section 74-24.0.2■ ■ . theproposed use, which while not specifically allowed by right or by Special Permit in the district, is similar to other uses allowed by right or by Special Permit and substantially dissimilar to prohibited uses. . There is sufficient parting. In view of the foregoing, the Mashpee Zoning Board of Appeals found that the applicant met the criteria necessary for the granting of a Special Permit. Upon motion duly made and seconded, the ,honing Board of Appeals voted unanimously on May 2 , 2003, to grant a Special Permit. The Special Permit is conditioned on displaying up to units of furniture,, each unit containing no more than 25 square feet, until Applicant has 4Dmet with the Design Review Committee to deckle on a permanent placement.