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Mashpee Zoning Perfection Fence Company SP-02-84 2 <br /> Board of Appeals <br /> §174-25.H.6 of the Zoning By-laws states: <br /> "Any other uses determined by the Zoning Board of Appeals to be substantially similar in <br /> their construction, operation, traffic and environmental impact to other uses allowed as of <br /> right or by special permit in a district and which are substantially dissimilar in those <br /> respects from uses prohibited in a district. Where the Zoning Board of Appeals cannot <br /> make a clear determination, such uses shall be considered prohibited. No use specifically <br /> listed in the Table of Use Regulations shall be allowed by the Zoning Board of Appeals <br /> in any district where it is prohibited. In reviewing an application for determination under <br /> this subsection, the procedure applicable for a special permit shall be followed by the !, <br /> applicant and the Zoning Board of Appeals". <br /> § 9 of Chapter 40A requires: <br /> "that the permit granting authority determine that the proposed use and <br /> development are consistent with applicable law, rules and regulations; that <br /> there will be no adverse effect on public health or safety; that there will not <br /> be an excessive demand upon community facilities created as a result of the <br /> proposal; and that there will not be a significant adverse impact on theIlk <br /> environmental factors listed in Section 174-24.C.2.". <br /> § 174-24.C.2 states: j <br /> "A special permit may be issued only following the procedures specified by the ! j <br /> General Laws and may be approved only if it is determined that the proposed use <br /> or development is consistent with applicable state and town regulations, statutes, <br /> bylaws and plans, will not adversely affect public health or safety, will not cause a, <br /> excessive demand on community facilities, will not significantly decrease surface <br /> or groundwater quality or air quality, will not have a significant adverse impact <br /> on wildlife habitat, estuarine systems, traffic flow, traffic safety, waterways, <br /> fisheries,public lands or neighboring properties, will not cause excessive levels of <br /> noise, vibrations, electrical disturbance, radioactivity or glare, will not destroy or <br /> disrupt any species listed as rare, endangered or threatened by the Massachusetts I' <br /> Natural Heritage Program or any known historic or archaeologic site, will not <br /> produce amounts of trash refuse or debris in excess of the town's landfill and <br /> it <br /> waste disposal capacities, will properly dispose of stumps, construction debris, ; <br /> hazardous materials and other waste, will provide adequate off-street parking, j I' <br /> I <br /> will not cause excessive erosion or cause increased runoff onto neighboring <br /> properties or into any natural river, stream,pond or water body and will not <br /> otherwise be detrimental to the town or the area". <br /> SPECIFIC FINDINGS M <br /> The Board determined that: <br /> 1. the proposed use and development are consistent with applicable law, rules ! <br /> and regulations. j <br /> 2. there will be no adverse effect on public health or safety. <br /> I <br /> 3. there will not be an excessive demand upon community facilities created as a <br /> result of the proposal. I <br /> Ili�> <br /> Maw <br />