10/11/2000 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes—October 11, 2000 2 Board of Appeals , Attorney Mills requested that the Board either remands the Petition to the Building Inspector or grants a Special Permit since the change in use by the gym would fall under the category of 174-25.H.6. f Because the proposal lies within the Groundwater Protection District,the ZBA has referred copies of the application to the Board of Health,Planning Board, Conservation Commission and the Department of Public Works. The Mashpee Water District has also been notified of the proposal. The Board reviewed the plans that call for lease of approximately 20,000 square feet of space with a large area of health professional offices. Programs offered would include independent study, weight-lifting, aerobics, karate, and instruction certification in a, aerobics, kick-boxing, CPR, etc. Attorney Mills submitted a Certification Course Outline for the Board's review. i The Center for Martial Arts and Ackland Sports Medicine have expressed a desire to 9 operate at the facility. Obesity, alcohol and drug education programs with fitness and �up�Iim. well-being seminars would also be offered. ,agid'p�lr� Mr. David Sanicki of Cape &Islands Engineering sent a letter to the Board of Health indicating that the existing Title V septic system meets the flow requirements for the World Gym usage. i° II Mr. Govoni read a memo from Health Agent Elias A. McQuaid saying that the applicant must supply more information in order for the Board of Health to forward its comments to the ZBA regarding the Special Permit. Mr. Govoni also read a memo from the Planning Board expressing concern"with regard to the manufacture, storage,transportation or use of any hazardous material, based on the materials provided, regards the storage of chemicals used in the x-ray developing roomi� shown on the floor plan". The Planning Board memo also stated that it"believes that the VI I1. business may not be permitted in the underlying 1-1 Industrial zoning district". I The memo concluded with the following: "the site on which this use is located exceeds five acres, so that under the provisions of Section 174-24.C.(1) any special permits,with minor exceptions not applicable here, require approval by the Planning Board and not by the ZBA. Should the ZBA made a"determination"under 174-25.H.(6)that the proposal can be allowed,the actual special permit required for the proposal,which is separate from the"determination" (which merely follows the"procedure applicable for a special permit'but does not, by itself, constitute a special permit),would have to be issued by the Planning Board. Under the provisions of 174-82.A. cited above, any special permit required under the Groundwater Protection District by-law would also come under the jurisdiction of the Planning Board". jlh' k, f r'