06/26/2002 ZONING BOARD OF APPEALS Decisions

Home Browse Search

i Mashpee Zoning Paul F. Emerson SP-02-73 3 Board of Appeals I f 4. there will not be a significant adverse impact on the environmental factors t 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. j 6. the proposed use may be included within the Special Permit Section 174-25.H.6., which 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 cannot make a clear determination, such uses shall be consideredrohibited. No p � 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." II !I In view of the foregoing, the Mashpee Zoning Board of Appeals found that the !i Petitioner met the criteria necessary for the granting of a Special Permit. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously on June 26, 2002 to grant a Special Permit to construct a commercial building to allow for upholstery of canvas and manufacturing of metal cages on property located at 36 Nicoletta's Way. The Special Permit is conditioned upon compliance with the following: ! 1. before an occupancy permit will be issued, the Design Review Committee must visit the subject property and confirm that the Petitioner complies with all the requirements of the Design Review Committee concerning the building and landscaping. 2. before an occupancy permit will be issued, the Petitioner must comply with all requirements of the Technical Review Committee. 3. the Petitioner must submit to the office of the Zoning Board of Appeals a Landscape and Performance Security in the amount of$8,000. 4. Cape & Islands Engineering plan entitled "Proposed Site Plan Located in Mashpee, Mass., Prepared for Paul Emerson, Date: Mar.21, 2002, File: 201MA' and stamped `Design Review approved' 5/22/02. 5. Morton Buildings, Inc. plan entitled `Paul F. Emerson, Mashpee, MA, Job No. 122-1497, Date: 3-22-02'. I II I I i; �I i i