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Board of Appeals Deer Crossing Associates World Gym SP-97-06 2. <br /> FINDINGS <br /> General <br /> 1. the subject property is located at 681 Falmouth Road and contains 1.87 acres. <br /> 2. the subject property is located in a C-1 zoning district and, with several <br /> adjacent commercial lots, is known as the Deer Crossing Shopping Center. <br /> 3. the World Gym is located in Building C of the Deer Crossing Shopping Center. <br /> 4. the Board finds that this is a pre-existing non-conforming use that a Special <br /> Permit was never issued for the commercial buildings in the shopping center <br /> but a Special Permit was issued in 1992 for the expansion of Building C for <br /> the fitness center. <br /> Special Permit Criteria: <br /> Section 174-17 of the Mashpee Zoning By-laws and Mass. General Law Chapter <br /> 40A, Chapter 6 require a finding that the extension, alteration or change shall not be <br /> substantially more detrimental to the neighborhood than the existing non-conforming use. <br /> Mass. General Law Chapter 40A, Chapter 9 requires a finding that the use is in harmony <br /> with the general purpose and intent of the by-laws and complies with the provisions <br /> therein. <br /> Specific Findings <br /> 1. The Board of Appeals is the Special Permit Granting Authority under Section <br /> 174-25.B.14 and finds that the use requires a Special Permit in this C-1 zoning <br /> district. <br /> 2. The Board finds that the proposal was reviewed by the Design Review <br /> Committee and the Fire Department and that the Applicant has incorporated <br /> their recommendations in his proposal. <br /> 3. The Board finds that the proposed parking spaces exceed the 270 required by <br /> the By-laws. <br />