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�1M�1 allp I. <br /> k <br /> nkp <br /> �lry <br /> TOWN OF MASHPEE <br /> Minutes—Zoning Board of Appeals <br /> Wednesday, October 11, 2000 <br /> The Mashpee Zoning Board of Appeals held a meeting on Wednesday, October 11, <br /> 2000, at 7:30 P.M. at the Mashpee Town Hall. Board Members present were Chairman <br /> Edward M. Govoni, Vice Chairman James E. Regan III, Clerk Robert G.Nelson, and <br /> Associate Members Richard T. Guerrera, Zella E. Elizenberry and Frederick R. <br /> �dh„ <br /> Borgeson. Associate Member Marshall A. Brem was not in attendance. Building Mill <br /> Commissioner William F. Hauck and Building Inspector Russell W. Wheeler attended <br /> the meeting. <br /> ,a <br /> PUBLIC HEARINGS <br /> Ir!�I <br /> World GM of Cape Cod—Requests a Special Permit under Sections 174-25.B.I I and <br /> 174-25.H.6 of the Zoning By-laws to allow for mixed use of trade,professional and <br /> educational to accommodate nutritional programs, fitness counseling, fitness training and <br /> aerobic instruction on property located within the Groundwater Protection District in an <br /> I-1 zoningdistrict at 106 Falmouth Road <br /> (Map 54 Block 5)Mashpee, MA. Owner of , <br /> record: Duck Pond Limited Partnership. <br /> Sitting: Edward M. Govoni, James E. Regan III and Robert G.Nelson. <br /> d!P,I 11ilij, <br /> Mr. Jim Moses, President of JDM Fitness Centers, attended the meeting. Attorney p <br /> Robert F. Mills represented the Petition and stated that the proposal is to move the gym <br /> from Deer Crossing Marketplace to 106 Falmouth Road. He said that the proposal <br /> qualifies as a school and that, under Section 174-25.B.11 of the Zoning By-laws,the <br /> Petitioner is entitled to operate this type of business in an Industrial Zone that provides Nl:uu <br /> for"Trade,professional or school conducted as a private business for gain". Attorney <br /> Mills also stated that the Board could consider remanding the case to the Building <br /> Inspector with the mandate that a building permit shall be issued. 174-25.H.6 of the Vip �i <br /> Zoning By-laws states: <br /> { <br /> "Any other uses determined by the Zoning Board of Appeals to be substantially <br /> ntlpn <br /> similar in their construction, operation,traffic and environmental impact to other <br /> uses allowed as of right or by special permit in a district and which are <br /> substantially dissimilar in those respects from uses prohibited in a district. Where <br /> the Zoning Board of Appeals cannot make a clear determination, such uses shall <br /> be considered prohibited. No use specifically listed in the Table of Use <br /> Regulations shall be allowed by the Zoning Board of Appeals in any district <br /> where it is prohibited. In reviewing an application for determination under this <br /> subsection,the procedure applicable for a special permit shall be followed by the <br /> applicant and the Zoning Board of Appeals". <br /> Flo+ <br /> NII, <br />