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Mashpee Zoning Brickyard Marketplace Nominee Trust SP-99-115 2 <br /> Board of Appeals <br /> Any use of the drive-through window by a restaurant or fast food business is <br /> required to apply for a Special Permit from the Zoning Board of Appeals. <br /> Mr. Schultz of Old Brickyard Road expressed concerns about the increased traffic <br /> and if the proposed landscaping would hinder visibility. <br /> Mr. Jim Berish replied that the proposal calls for a tremendous amount of queuing <br /> room in the parking lot. Mr. Regan confirmed that having sufficient queuing room is one <br /> key in resolving and simplifying traffic problems. Mr. Berish also said that low-lying <br /> plantings will be installed. <br /> Mr. Shute, an abutter, questioned if the proposed location of the dumpsters could <br /> be moved. He expressed concern with the location of the dumpsters posing safety and <br /> clean-up problems. <br /> Mr. Stephen Berish said that the location of the dumpsters depends on the type of <br /> dump truck that will be used. He assured the Board and the neighbors that the property <br /> would be cleaned and maintained. <br /> No other comments were received from abutters. <br /> GENERAL FINDINGS <br /> 1. the subject properties are located at 93 Old Brickyard Road and 439 Nathan <br /> Ellis Highway and consist of a total of over 73,000 square feet. <br /> SPECIAL PERMIT CRITERIA <br /> Section 9 of Chapter 40A and Section 174-24.0 of the Mashpee Zoning By-law require <br /> that the permit granting authority determine that the proposed use and development are <br /> consistent with applicable law, rules and regulations;that there will be no adverse effect <br /> on public health or safety; that there will not be an excessive demand upon community <br /> facilities created as a result of the proposal; and that there will not be a significant <br /> adverse impact on the environmental factors listed in Section 174-24.C.2. <br /> SPECIFIC FINDINGS <br /> 1. that the proposed construction conforms to the setback requirements. <br /> 2. that there is adequate land area to provide sufficient parking. <br /> 3. that there will be no adverse effect on public health or safety. <br /> 4. that there will not be an excessive demand upon community facilities as a <br /> result of the proposal. <br /> 5. that there will not be a significant adverse impact on the environmental factors <br /> listed in Section 174-24.C.2. <br />