04/22/2020 ZONING BOARD OF APPEALS Minutes

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c. 11 Industrial Drive, LLC, a Massachusetts limited liability company with a principal place of business at 53 Chaske Avenue, Auburndale, MA 02466. Upon information and belief, its members are Steven P. Hynds and Joyce M. Hynds,both citizens of Massachusetts. The Registered Agent for Service of Process is Steven P. Hynds at 53 Chaske Avenue, Auburndale,MA 02466. THE BOARD'S DECISION 6. The Plaintiffs are the owners of the property abutting the Subject Property to the South. The Subject Property is situated on the edge of the industrial I-1 Zoning District, directly abutting a residentially zoned district that includes Plaintiffs' property. Plaintiffs' property is well within the presumptive standing distance of 300 feet from the Subject Property because it directly abuts the Subject Property. 7. The Applicant proposes to construct on the Subject Property a 9,680 square foot steel building to be made up of contractor bays, warehouse space, storage space, and office space. Under the Town of Mashpee Zoning Bylaws, these uses require the grant of a special permit. The Board issued a Decision granting the Applicant his sought-after special permit ("the Special Permit") with a number of limiting conditions. These conditions, however, are inadequate to ensure that the proposed use of the Subject Property will not have a significant adverse impact on neighboring properties and will not cause excessive levels of noise. 8. Section 174-24(C)(2) of the Mashpee Zoning Bylaws establishes the legal standard that the Board must apply and the Applicant must satisfy: A Special Permit may be issued only following the procedures specified by the General Laws and may be approved only if it is determined that the proposed use or development is consistent with applicable state and town regulations, statutes, bylaws and plans, . . . will not have a significant adverse impact on . . . neighboring properties, [and] will not cause excessive levels of noise . . . . 9. Relevant to the no-significant-adverse-impact and no-excessive-noise requirements, the Board Decision conditioned issuance of the Special Permit "upon the applicant installing 3