05/14/2008 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Steve McKee 2 SP-08-22 Owner of Record: Harbor View Realty not aware of the limit of one employee but will work with the Board of Health on that. Jonathan Furbush makes a motion to grant the special permit. William Blaisdell seconds the motion. All agree. So moved. It is granted with a restriction of 6 foot height pallots on the property. GENERAL FINDINGS 1. subject property is located at 440 Nathan Ellis Highway and contains approximately one acre. SPECIAL PERMIT CRITERIA Section 174-25.H.6 of the Zoning By-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 camlot make a clear determination, such uses shall be considered prohibited. No use specifically listed in the Table of Use Regulations shall be allowed by the 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 law, rules and regulations. 2. there will be no adverse effect on public health or safety. 3. there will not be an excessive demand upon community facilities created as a result of the proposal. 4. there will not be a significant adverse impact on the environmental factors listed in Section 174-24.C.2. 5. the proposed 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. 6. There is sufficient parking. is