03/12/2003 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Board of Appeals Bay Point Realty Trust SP -03-34 would be used for and if it would be maintained. Mr. Benway spoke with the concerned • parties and cleared all the issues up. After much discussion with the Board and Mr. Benway, the Board moved to grant the Special Permit with several conditions. GENERAL FINDINGS 1. that the subject property is located at One Point Road and contains 2,256 thousand square feet. SPECIAL PERMIT CRITERIA Section 9 of Chapter 40Xand 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. • CRITERIAXINDINGS FOR A DETERMINATION TO ALLOW A USE SIMILAR TO OTHER USES ALLOWED AS OF RIGHT OR BY SPECIAL PERMIT i *' Section 174-25.H.6 of the Zoning By-laws states: Any other uses determined by the Zoning Board of Appeals to be substantially similar in their construction, operation, traffic and environmental impact to other uses allowed as of right or by special permit in a district and which are substantially dissimilar in those respects from uses prohibited in a district. Where the Zoning Board of Appeals cannot make a clear determination, such uses shall be considered prohibited. No use specifically listed in the Table of Use Regulations shall be allowed by the Zoning Board of Appeals in any district where it is prohibited. In reviewing an application for determination under this subsection, the procedure applicable for a special permit shall be followed by the applicant and the Zoning Board of Appeals.