08/09/2000 ZONING BOARD OF APPEALS Decisions

Home Browse Search

Mashpee Zoning Charles W. Russo SP-00-150 3 Board of Appeals of Environmental Protection Agency monitors all products utilized in the auto body repair business. Mr. Norman Zarek said he was the "expert witness"and started a lengthy explanation on the consequence of certain chemicals on the human body. Mr. William Haney, owner of Lakeside Estates Trailer Park, referred to a letter and a petition signed by the residents of the trailer park in opposition to the project. Mr. Haney said that the "Board's fiduciary right in this situation is to deny the permit"and that he is not in favor of this proposal in this part of Town. Mr. Nelson questioned the reason for two proposed buildings on the lot. Attorney Mills said that the Planning Board suggested that the Petitioner could consider purchasing an additional one-acre lot to provide a greater buffer between the proposal and the adjacent area. Mr. Luff stated that two buildings are allowed on the lot and that the buildings would total less than 10,000 square feet combined. SPECIAL PERMIT CRITERIA According to Section 9 of Chapter 40A and Section 174-24C of the Mashpee Zoning By-law,the Zoning Board of Appeals determined that the Petitioner failed to prove 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 1� Y 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 j 'Illi of the town's landfill and waste disposal capacities, will properly dispose of stumps, construction debris,hazardous materials and other waste, will provide adequate off-street parking, will not cause excessive erosion or cause increased runoff onto neighboring properties or into any natural river, stream,pond or water body and will not otherwise be detrimental to the town or the area". In view of the foregoing,the Zoning Board of Appeals voted unanimously to Deny With Prejudice the Petition for a Special Permit, SP-00-150. i I i