09/14/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owner of record: The Community Bank. Petitioner: Franey Medical Laboratories, Inc. 52 Mercantile Way Mashpee, MA 02649 SP-2011-32 GENERAL FINDINGS: The subject property is located at 52 Mercantile Way and is located in an Industrial Zone consisting of approximately 1.64 acres of land. SPECIFIC FINDINGS: The Board determined that: 1. the proposal met the following requirements under Section 174-25.C(1) for grant of a Special Permit: for nonresidential uses not involving new structures containing more than ten thousand (10,000) square feet of gross floor area not located in the C-3 district or Mashpee Center Overlay District and not involving a site greater than five (5) acres in area, or expansions which do not result in a total of more than ten thousand (10,000) square feet of gross floor area on a site or residential conversions under §174-25A(8) or for other uses specified by the General Laws for review by the Zoning Board of Appeals, such use shall be permitted as a special exception only if the Zoning Board of Appeals so determines and grants a Special Permit therefore. 2. the proposed use or development: is consistent with applicable state and town regulations, statutes, By-laws and plans, will not adversely affect public health or safety, will not cause excessive demand on community facilities, will not significantly decrease surface or 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 of noise, vibrations, electrical disturbance, radioactivity or glare, will not destroy or disrupt any species listed as rare, endangered or threatened by the Massachusetts Natural Heritage Program or any known historic or archaeologic site, will not produce amounts of trash, refuse or debris in excess of the town's landfill and waste disposal capacities, will properly dispose of stumps, construction debris, hazardous materials and other waste, 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 or the area. 3. the proposal is an allowed use under the following Sections of the By-laws with grant of a Special Permit: 174-25.1)(2): Offices and clinics for medical, psychiatric or other health services for the examination or treatment or persons as out-patients, including laboratories that are part of such offices or clinics. 174-25.1)(3): Laboratory, research or software development facility, including limited assembly and packaging of items such as software, hand-held monitoring instruments or laboratory equipment, with shipping and receiving only by postal or package delivery service. 3