12/14/2005 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Mashpee Commons Limited Partnership Board of Appeals SP-00-43 2 Fudala would like to see a new one in existence for this building. There are 20 parking spaces, more than enough. After some discussion back and forth and questions on the plans, the Board discusses the amount the landscaping bond should be posted at. It is decided that $10,000 would be appropriate. Frederick Borgeson makes a motion to grant the special permit. Zella Elizenberry seconds the motion. A roll call vote is taken. The motion is carried unanimously. No comments were received from abutters. GENERAL FINDINGS 1. that the subject property is located at Route 28 and Shellback Way and consists of 40,000 +/-. SPECIAL PERMIT CRITERIA Section 9 of Chapter 40A and Section 174-24C of the Mashpee Zoning By-law 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 FINDINGS 1. that the proposed use and development are consistent with applicable laNu, rules and regulations. 2. that there will be no adverse effect on public health or safety. 3. that there will not be an excessive demand upon community facilities created as a result of the proposal. 4. a $10,000 landscaping bond shall be posted by applicant. 5. a document shall be produced in writing to show that the Bank has rights/lease to access Deer Crossing in the future for the building—showing specific authorization to access Deer Crossing. In view of the foregoing, the Mashpee Zoning 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 Zoning Board of Appeals voted unanimously on December 14, 2005 to grant a Special Permit to Eastern Bank. Reference plans from Charles Rowley&Associates, dated October 26, 2005 and plans from BSS Design of Falmouth, MA, dated October 18, 2005, revised November 9, 2005.