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08/28/2002 ZONING BOARD OF APPEALS Decisions
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08/28/2002 ZONING BOARD OF APPEALS Decisions
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-- -- <br /> AMA <br /> Mashpee Zoning <br /> Board of Appeals 151 Nominee Trust SP-02-95 <br /> Mr. Marshall Brem moves to continue the hearing on 151 Nominee Trust for a <br /> Special Permit to construct a commercial building with offices and retail sales on <br /> property located at 400 Nathan Ellis. The Board requires more time to review the <br /> proposed project and would like to continue the hearings until September 25, 2002. <br /> At the Hearing on September 25, 2002 Mr. John Salinski opened for theP etitioner <br /> and informs the Board that the Design Review Committee, as previously requested by the <br /> I� <br /> Board has approved the new landscaping plan. <br /> it <br /> �j <br /> GENERAL FINDINGS <br /> i; <br /> 1. that the subject property is located at 400 Nathan Ellis Highway and <br /> consists of 29,465 square feet of upland. <br /> SPECIFIC FINDINGS <br /> The Board determined to allow: <br /> u <br /> f; <br /> 1. the proposed use and development are consistent with applicable law, rules and <br /> a <br /> regulations. <br /> 2. there will be no adverse effect on public health or safety. j <br /> j <br /> 3. there will not be an excessive demand upon community facilities created as a result of <br /> the proposal. <br /> 4. there will not be a significant adverse impact on the environmental factors listed in <br /> Section 174-24.C.2. <br /> I; <br /> 5. the proposed use may be included within the Special Permit Section 174-25.H.6 <br /> which states: <br /> "Any other uses determined by the Zoning Board of Appeals to be substantially !' <br /> similar in their construction, operation, traffic and environmental impact to other uses <br /> I, <br /> allowed as of right or by special permit in a district and which are substantially dissimilar <br /> in those respects from uses prohibited in a district. Where the Zoning Board of Appeals <br /> cannot make a clear determination, such uses shall be considered prohibited. No use <br /> specifically listed in the Table of Use Regulations shall be allowed by the Zoning Board <br /> of Appeals in any district where it is prohibited. In reviewing an application for <br /> determination under this subsection, the procedure applicable for a special permit shall be <br /> IOf6wed by the applicant and the Zoning Board of Appeals." <br /> F <br /> wj� :V�0,( <br />
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