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r + <br /> Mashpee Zoning Heritage Equity LTD Partnership 2 <br /> Board of Appeals Mashpee Professional Center Condo Trust <br /> SP-07-55 <br /> (Text Change) <br /> a use permit for retail sales. Attorney Megathlin presents his request to the Board for <br /> their review and it is requested under the Section 174-25 E(1). The project is supported <br /> by Paul Peters (a direct abutter). The demolition of the existing building will be a <br /> significant improvement to the area with better landscaping and in general making the <br /> new building more conforming to the current zoning. They do not have specific tenants at <br /> the moment but it will be for retail purposes. This Special Permit will modify the <br /> existing Special Permit whereby the word"liquor"will be removed as Town Counsel has <br /> requested. Zella Elizenberry makes a motion to grant the Special Permit. <br /> Special Permit Criteria <br /> § 9 of Chapter 40A requires: <br /> "that the permit granting authority determine that the proposed use and <br /> development are consistent with applicable law,rules and regulations; that there <br /> will be no adverse effect on public health or safety; that there will not be an <br /> excessive demand upon community facilities created as a result of the proposal; <br /> and that there will not be a significant adverse impact on the environmental <br /> factors listed in Section 174-24.C.2.". <br /> § 174-24.C.2 states: <br /> "A special permit may be issued only following the procedures specified by the <br /> General Laws and may be approved only if it is determined that the proposed use <br /> or development is consistent with applicable state and town regulations, statutes, <br /> bylaws and plains, will not adversely affect public health or safety, will not cause <br /> excessive demand on community facilities, will not significantly decrease surface <br /> or groundwater quality or air quality, will not have a significant adverse impact <br /> on wildlife habitat, estuarine systems, traffic flow, traffic safety, waterways, <br /> fisheries, public lands or neighboring properties, will not cause excessive levels of <br /> noise, vibrations, electrical disturbance, radioactivity or glare, will not destroy or <br /> disrupt any species listed as rare, endangered or threatened by the Massachusetts <br /> Natural Heritage Program or any known historic or archaeologic site, will not <br /> produce amounts of trash, refuse or debris in excess of the town's landfill and <br /> waste disposal capacities, will properly dispose of stumps, construction debris, <br /> hazardous materials and other waste, will provide adequate off-street parking, <br />