07/25/2001 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes —July 25, 2001 5 Board of Appeals from the setback, lot coverage or lot size requirements is granted when the Board establishes that the proposal meets the required findings for grant of a Variance Mr. Regan suggested that Mrs. Brady should contact the ZBA office for further information. He reminded Mrs. Brady that she has been granted Variances and Special Permits on her own property on Monomoscoy Island. Mr. Regan said that the letter from Mr. Fudala addressed to Mr. Hanks would not be discussed at this meeting. Mr. Bourget said that Great Neck Road is at a higher elevation and that the proposed building should include gabling and not just a standard flat roof. He said that "you don't want to put an industrial building in the vista of a cemetery". Mr. Wheeler said that that x is the reason for industrial zoning—to allow for construction of steel buildings. Mr. Bourget said that people will not want to buy cemetery lots with a view of a big steel building. Messrs. Guerrera and Brem said that the design of the building is not under the jurisdiction of the ZBA. Mr. Regan told Mr. Bourget to consider attending the Design Review Committee hearings. t No comments were received from abutters. Mr. Borgeson moved to grant the Special Permit, subject to the following: ;i 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 3 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 h" 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, hazardous materials and other waste, will provide adequate off-street parking,