03/28/2001 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Gary Tavares SP-01-31 2 Board of Appeals Attorney Moynihan submitted photos of Tavares, Inc. landscaping business on j I' Crocker Road in Falmouth, which has been operating since 1920's. The photos reveal an attractive and meticulously groomed business site consisting of 8 acres that closely abuts residential neighborhoods. Several neighbors of the landscaping business in Falmouth submitted letters in . favor of the proposal and stated that Mr. Tavares has "set the benchmark on how to run a busy operation in a residential neighborhood" and that he is an"excellent neighbor". Mr. Paul Iwaszko, an abutter, expressed concern with potential noise from employees and heavy equipment being operated in.the early morning hours. He stated that he has been disturbed by noise from the Industrial Park as early as 4 A.M. Mr. Tavares and Attorney Moynihan assured Mr. Iwaszko that hours of operation for his business would not begin earlier than 6:45 A.M. and would not conclude later than 6:00 P.M. I � No other comments were received from abutters. GENERAL FINDINGS 1. that the subject property is located at 129 Industrial Drive and consists of over 1.74 acres of land. SPECIAL PERMIT CRITERIA Section 9 of Chapter 40A requires: "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.". § 174-24.C.2 states: "A special permit may be issued only following the procedures specified by the General Laws and may be approved only if it is determined 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 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 of the town's landfill and waste disposal capacities, will properly dispose of stumps, construction debris, III hazardous materials and other waste, will provide adequate off-street parking, I I 'i