02/25/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Dry Harbor Enterprises 4 Owner: Andrew Conway SP-04-26 Marshall Brem makes a motion to have the applicant post a$25,000 landscaping bond. Zella Elizenberry seconds that motion. All agree. So moved. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Law, Chapter 40A, Section 9,the Town of Mashpee Zoning By-laws. GENERAL FINDINGS 1. that the subject property is located at IA Wags Road and contains 50,929 square feet. SPECIAL PERMIT CRITERIA Section 9 of Chapter 40A and Section t74-24C 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 law, rules and regulations. 2. that there will not be an excessive demand upon community facilities created as a result of the proposal. 3. that there will not be a significant adverse impact on the environmental factors listed in Section 174-24.C.2. 4. There shall be no commencement of construction until the "right-in/right-out" form of egress is built. The ZBA has required this due to the safety and traffic issues for the proposed facility. 5. A fullrelease from Nstar must be submitted prior to any building. 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 -id seconded, the Zoning Board of Appeals voted 4-1 on A duly made a ugust 10, 2005 to i r