09/22/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Francis Murphy 3 Board of Appeals Denied— SP-04-124 Mr. Regan addresses Mr. Murphy and said he has heard enough. This is obviously a huge problem and they are going to deny this permit and suggest to Mr. Murphy that he needs a lawyer. Marshall Brem makes a motion to deny the special permit. Richard Guerrera seconds the motion. All agree. Motion is Denied. GENERAL FINDINGS 1. that the subject properties are located at 237 South Sandwich Road and contains 30,000 square feet. SPECIAL PERMIT CRITERIA § 9 of Chapter 40A requires: "that the permit granting authority determine that the proposed use and development are consistent with applicable law, rules and regulations; that there will be no adverse effect on public health or safety; that there will not be an excessive demand upon community facilities created as a result of the proposal; and that there will not be a significant adverse impact on the environmental factors listed in Section 174-24.C.2.". § 174-24.C.2 "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