03/12/2003 ZONING BOARD OF APPEALS Decisions

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0 0 • Mashpee Zoning Board of Appeals Cathleen Dauphinais 2 Owner of Record: Harborview Realty Trust SP -03-36 SPECIAL PERMIT CRITERIA 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. SPECIFIC FINDINGS r 1. the proposed use and development are consistent with applicable law, rules and regulations." 2. there will be no adverse effect on public health or safety. 3. there will not be an excessive demand upon community facilities created as a result of the proposal. 4. there will not be a significant adverse impact on the environmental factors listed in Section 174-24.C.2. 5. the proposed use, which while not specifically allowed by right or by Special Permit in the district, is similar to other uses allowed by right or by Special Permit and substantially dissimilar to prohibited uses. 6. There is sufficient parking. 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 April 23, 2003, to grant a Special Permit. The Special Permit is conditioned upon compliance with plans submitted by Stenbeck & Taylor, Inc. of Mashpee, MA., dated March 7, 2003 and revised March 30, 2003, plan no. 6223 as prepared for Mr. Sal Spataro for 440 Nathan Ellis Highway.