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Board of Appeals Deer Crossing Associates SP-95-40 3. <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 /> Section 174-24.C.2 and Mass. General Law Chapter 40A, Chapter 9 requires a finding <br /> that the use is in harmony with the general purpose and intent of the by-laws and complies <br /> with the provisions therein. <br /> Specific Findings <br /> 1. The Board of Appeals is the Special Permit Granting Authority under Section <br /> 174-24 C.1 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 Board of Health, <br /> Department of Public Works, Design Review Committee, Fire Department <br /> and the Town Planner and that the Applicant has incorporated their <br /> recommendations in his proposal. <br /> 3. The proposed Building E meets the front setback requirement of 40 feet to <br /> Shellback Way and the 20 feet sideline setbacks. While the rear setback of 8 <br /> feet to the existing Building D increases the non-conforming nature of the <br /> structure the Board finds that this would not be a detriment to the <br /> neighborhoud and would be an improvement in public safety. <br /> 4. The Board finds that the total parking of 312 spaces in the shopping center <br /> exceeds the total spaces required under current zoning. <br />