Laserfiche WebLink
Mashpee Zoning World Gym of Cape Cod 3 <br /> Board of Appeals J.D.M. Fitness, Inc. <br /> SPECIAL PERMIT CRITERIA <br /> Section 174-25.H.6 of the Zoning By-laws states that"Any other uses determined by i <br /> the Zoning Board of Appeals to be substantially similar in their construction, operation, <br /> traffic and environmental impact to other uses allowed as of right or by special permit in <br /> a district and which are substantially dissimilar in those respects from uses prohibited in <br /> a district. Where the Zoning Board of Appeals cannot make a clear determination, such <br /> � I <br /> uses shall be considered prohibited. No use specifically listed in the Table of Use <br /> Regulations shall be allowed by the Zoning Board of Appeals in any district where it is L <br /> prohibited. In reviewing an application for determination under this subsection,the <br /> procedure applicable for a specialpermit shall be followed by the applicant and the <br /> Zoning Board of Appeals." <br /> GENERAL FINDINGS <br /> 1. that the subject property is located at 106 Falmouth Road. <br /> SPECIFIC FINDINGS ! <br /> The Board determined that: <br /> 1. the proposed use may be included within the Special Permit Section <br /> 174-25.H.6. <br /> 2. the proposed use, which while not specifically allowed by right or by Special <br /> t � <br /> Permit in the district, is similar to other uses allowed by right or by Special <br /> Permit and substantially dissimilar to prohibited uses. <br /> 3' <br /> 3. the re-use of a portion of an existing building, using parking available on site, <br /> does not trigger the Planning Board's involvement pursuant to Section <br /> 174-24.C. <br /> In view of the foregoing,the Mashpee Zoning Board of Appeals found that the <br /> Petitioner met the criteria necessary for the granting of a Special Permit. Upon motion <br /> duly made and seconded,the Zoning Board of Appeals voted unanimously on January <br /> 10, 2001 to grant a Special Permit under Section 174-25.H.6 of the Zoning By-laws to <br /> allow for the proposed mixed use on the subject property. The Special Permit is <br /> conditioned upon compliance with plan entitled"World Gym Fitness Centers, 106 <br /> Falmouth Road, Mashpee, MA., Proposed Use Diagram,Date: July 5, 2000". <br />