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w � <br /> MASHPEE PLANNING BOARD <br /> SPECIAL PERMIT REGULATIONS <br /> Section I <br /> PURPOSE <br /> These regulations have been adopted, in conformance with the provisions of Massachusetts <br /> General Laws Chapter 40A, Section 9, to establish the rules and procedures for submission, <br /> review and issuance of applications for special permits which require approval by the Mahpee <br /> Planning Board under the provisions of the Mashpee Zoning By-lawn. Chapter 40A requires that <br /> these rubs shall prescribe a size, form, contents, style and number of copies- of plans and <br /> specifications and the procedure for a submission and approval of such permits. <br /> Section II <br /> PREAMBLE <br /> Chapter 40A, Sections 9 and 9A of the General Laws, provide that a zoning by-law shall provide <br /> for specific types of uses which shall only be permitted in specific zoning districts upon the <br /> issuance of a special permit. Such special permits may be issued only for those uses that are in <br /> harmony with the general purpose and intent of the by-law and shall be subject to the general <br /> or specific provisions set forth therein. Such special permits may also impose conditions, <br /> safeguards and limitations-on time and use. Section 9 deals with special permits in general, as _ <br /> well as with special permits for cluster subdivisions. Section 9A deals with special permits for <br /> "adult uses". <br /> The Mashpee Zoning By-law has provided for special permits for a variety of uses, including <br /> hotels, motels, nursing homes and the like, most lame commercial or industrial uses, <br /> "commercial centers", "adult uses", "personal wireless service facilities", cluster subdivisions <br /> and "open space incentive developments". Both the Planning Board and Zoning Board of <br /> Appeals have been empowered by the By-law to serge -as a special permit granting authority, <br /> with certain classes of special permits issued by the Planning Board and others by the Zoning <br /> Board of Appeals. Those permits issued by the Planning Board are generally for larger projects. <br /> All uses dealt with in Article IBC of the Zoning By-laws require special permit issuance by the <br /> Planning Board. Certain uses within Groundwater Protection Districts may be allowed by the <br /> Planning Board under any special permit issued by the Board for a project within said Districts. <br /> In addition, the Zoning By-laws Table of Use Requlaffons identifies other land uses that require <br /> issuance of a special permit. The By-law specifies that any of those uses shall require a special <br /> permit from the Planning Board, except for nonresidential uses not involving new structures <br /> containing more than ten thousand 10,000 square feet of gross floor area and not involving a <br /> site greater than five acres in area, or expansions which do not result in a total of more <br /> than ten thousand 10,000 square feet of gross floor area on a site, or presidential conversions <br /> under , 174- S B of the Table of Use Regulatfons or for other uses specified by the General <br /> Laws for review by the Board of Appeals. <br /> Section 17 - .C. of the Zoning Bar-lave specifies findings which must be made before special <br /> permits may be approved, the number and distribution of copies of application materials, the <br />