06/24/1998 ZONING BOARD OF APPEALS Decisions

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Board of Appeals Brickyard Marketplace Nominee Trust SP-98-83 3 FINDINGS General 1. the subject property is located at 93 Old Brickyard Road and 439 Nathan Ellis Highway and consists of over two acres of land. Special Permit Criteria Section 9 of Chapter 40A and Section 174-24.0 of the Mashpee Zoning By-laws require 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. Specific Finding 1. the proposed project does not meet the setback requirements and the Board has granted a Variance. 2. there is adequate land to provide sufficient parking. In view of the foregoing, the Mashpee Board of Appeals found that the applicant met the criteria necessary for the granting of a Special Permit. Upon motion duly made and seconded, the Board of Appeals voted unanimously on October 28, 1998 to grant a Special Permit. The Special Permit is granted with the following conditions: I. Massasoit Avenue from Nathan Ellis Highway to beyond the point of entry to the Old Brickyard complex shall be constructed with a paving width of 24 feet centered on a layout to a specification approved by the Director of the Department of Public Works for the Town of Mashpee. 2. Paving and grading shall be done as specified by the Massachusetts State Highway Department and as indicated on the plan, 3. The applicant shall patch potholes on Massasoit Avenue, 4. The applicant shall comply with the road details as outlined in the memo dated October 13, 1998 from Greg Taylor, Director, D.P.W. 5. A base coat shall be laid down prior to issuance of any building occupancy permits. 6. There shall be a performance bond for landscaping in the amount of$7,000.00 7. The fencing on the rear of the property shall be a 7-foot high stockade fence with the finished side facing towards the street, 8. Compliance with the signed plan from the Design Review Committee that will cover the lighting, berm, traffic, parking signs and right-turn only signs. 9. Compliance with The Phoenix Group Landscape Plan revised and dated November 10, 1998. 10, Compliance with The Phoenix Group site plan dated May 15, 1998 and revised October 10, 1998. 11. Compliance with plans of New England Design dated March 27, 1998.