01/26/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS 723 Falmouth Road Mashpee,MA 02649 Hatem Enterprises Nominee Trust SP-11-03 general laws and this By-law, the Board of Appeals shall follow the procedures specified in the general laws for special permits in processing requests for such findings. For the purposes hereof, compliance with dimensional requirements shall be determined by the Inspector of Buildings. SPECIFIC FINDINGS: The Board finds: 1. that the proposal shall not be substantially more detrimental than the existing non- conforming structure or use to the neighborhood for the following reasons: a) installation of the proposed environmental safety features will be a vast improvement to the property. b) proposed removal of a large portion of the pavement and replacement with landscaping will improve the impervious condition on the property. c) the proposal meets the minimum land space, frontage, side, and rear setback requirements. d) the proposal will reduce encroachment into the front setback requirements. 2. the installation of proposed parking spaces will exceed the required amount of parking spaces under the By-law; therefore, there is adequate land area to provide sufficient parking and setbacks as may be required. In view of the foregoing, the Zoning Board of Appeals determined that the Petitioner met the criteria necessary for granting of a Finding of Fact. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously on February 23, 2011 to grant a Finding of Fact. This will also be a Modification of Special Permit SP-00-215. This Decision is conditioned upon compliance with the following: • paving areas to be removed must be replanted. • the removed paving material must be disposed of in a proper location off-site and in the manner specified by law. • installation of directional signage for inspection sticker parking. • re-stripe pavement to the left of the building for parking area. • re-stripe pavement to the front of the building as a `no parking area'. • installation of directional signage for parking areas, as well as handicap and van- accessible parking spot. • approval for signage from the Design Review Committee is required—no internal lighting on canopy or signage. • petitioner will submit copies of final signage approval to the ZBA. • installation of a recycle container at the dumpster location. • retail sale, other than what is currently allowed, is prohibited. • subject to Fire Department approval of radius and access. • traffic analysis report. • maintenance agreement for the catch basins as approved by the Board of Health and Fire Department. 3