10/13/2010 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OFAPPEALS Minutes October *13, 2010 Attorney Kirrane said that the Petitioner is interested in maintaining the "village concept", which is consistent with other development planned for the neighborhood. Attorney Kirrane said that construction of the drive-through windows and parking along with installation of the septic system involves minimal disturbance of the 50 -foot buffer. Installation of drainage necessitates disturbance of the 10 -foot buffer area. Both of the disturbed areas will be re -vegetated. Mr. Borselli said that he favors a different location for the septic system, which will require some minor re -grading. The Petitioner has made several revisions to the proposal in response to suggestions made by the Plan and Design Review Committees. Revisions were also made in an effort to address Mr. Rowley's concerns as itemized in his site review letter dated October 12, 2010. Modifications have been made to the proposed retaining wall, drainage and parking. Section 174-24.C(2) of the Zoning By-laws states: "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 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." Attorney Kirrane said that the Credit Union use is a low -impact use that will not generate a large amount of traffic. The proposal does not pose a threat to public health or safety and will not have detrimental impact on the area. There will not be an excessive demand on community facilities. Attorney Kirrane referred to Chapter 40A Section 10, which states: "The permit granting authority shall have the power ... to grant upon appeal or upon petition with respect to particular land or structures a variance from the terms of the applicable zoning ordinance or by-law where such permit granting authority specifically finds that owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise, to Is the petitioner or appellant, and that desirable relief may be granted without sabstamial