12/10/2003 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Mashpee Commons Limited Partnership Board of Appeals SP-03-149 2 The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Law, Chapter 40A, Section 9, the Town of Mashpee Zoning By-laws, and conditions numbered 1 and 5 of Special Permit SP-86-04-024. Mr. Douglas Storrs, Vice President of Mashpee Commons Limited Partnership, represented the applicant's request for a Minor Revision to an Existing Special Permit. Condition#5 of the Special Permit, SP-86-04-024, as previously modified, requires the applicant to request and receive consent from the Zoning Board of Appeals for any revisions to the original Special Permit. The applicant is petitioning for a minor revision to the Special Permit for the following: ✓ Building#16: a change in the number of residential units from 26 to 24 ✓ Building #29: he would like this moved 4 feet north ✓ A Change in the layout of the parking lot; better for safety and turning ✓ Refinement in the buildings. No comments were received from abutters. • GENERAL FINDINGS 1. that the subject property is located at 38 Nathan Ellis Highway and consists of 40.3 acres of land. SPECIAL PERMIT CRITERIA Section 9 of Chapter 40A and Section 174-24C of the Mashpee Zoning By-law require 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. SPECIFIC FINDINGS 1. that the proposed use and development are consistent with applicable law, rules and regulations. 2. that there will be no adverse effect on public health or safety. •