07/25/2001 ZONING BOARD OF APPEALS Minutes

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• Mashpee Zoning Minutes—July 25, 2001 6 Board of Appeals 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". Sections 174-25.D.1, 174-25.G.4, 174-25.G.6, 174-25.G.7 and 174-25.G.9 of the Zoning By-laws state that the following uses are allowed in an I-1 zoning district by grant of 4 Special Permit from the Zoning Board of Appeals: "D. Principle offices and laboratories. 1 Business financial, Oprofessional or governmental offices, but no retail business, no manufacturing and not processing. G. Principle industrial, wholesale and transportation uses. (4) Plumbing, electrical or carpentry shop or other similar service or repair establishment. (6) Wholesale business and storage in a roofed structure. { (7) Trucking terminals. :k (9) Wholesale business and storage." Section 174-25.H.6 of the Zoning By-laws states: "Any other uses determined by the Zoning Board of Appeals to be substantially similar in their construction, operation, traffic and environmental impact to other uses allowed as of right or by special permit in a district and which are substantially dissimilar in those respects from uses prohibited in a district. Where the Zoning Board of Appeals cannot make a clear determination, such uses shall be considered { prohibited. No use specifically listed in the Table of Use Regulations shall be allowed by the Zoning Board of Appeals in any district where it is prohibited. In reviewing an application for determination under this subsection, the procedure applicable for a special permit shall be followed by the applicant and the Zoning Board of Appeals". 1. the proposed use is consistent with applicable law, rules and regulations. 2. the proposed use would not be detrimental to the town or the area. J. the proposed use would not have an adverse effect on public health or safety. 4. that there will not be an excessive demand upon community facilities as a result of the proposed use. 5. the subject property is exempt from the Cape Cod Commission Development MAgreement. 6. the proposal conforms to the setback requirements. 7. there is adequate land area to provide sufficient parking. The Special Permit is conditioned upon compliance with the following: 1. approval by and compliance with all Design Review Committee and Technical Review Team requirements. ty 2. hours of operation shall be conducted from 7 A.M. to 6 P.M. 3. the Petitioner shall post a$15,000 landscaping and performance security. 4. Wm. W. Warwick & Associates, Inc. plan entitled "Site Plan for Lot 30B Industrial, Mashpee, Mass., Date:7/27/00".