07/25/2001 ZONING BOARD OF APPEALS Decisions

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` Mashpee Zoning James M. Kerrigan, Trustee 2 Board of Appeals Mr. Richard Brady of Monomoscoy Island questioned why the proposal would be allowed on a lot that was partly within an R-3 zoning district. Attorney Kirrane said that the Petitioner does not propose to develop within the R-3 zoning district. Mr. Bob Bourget of Monomoscoy Island examined the plans and asked for clarification of the proposed construction and the buffer zone. He made some suggestions concerning the design of the proposed building. r Associate Board Members Guerrera and Brem said that the design of the building is not under the jurisdiction of the Zoning Board of Appeals. Mr. Regan suggested that Mr. Bourget consider attending the Design Review Committee and Technical Review Committee hearings. f No comments were received from abutters. SPECIAL PERMIT CRITERIA § 9 of Chapter 40A states: "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, "u 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, hazardous materials and other waste, will provide adequate off-street parking, �M1 will not cause excessive erosion or cause increased runoff onto neighboring k., properties or into any natural river, stream, pond or water body and will not otherwise be detrimental to the town or the area". -t �ti