11/22/2000 ZONING BOARD OF APPEALS Decisions

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M2tj 18 04 US: 05p Mashpee Zoning CB&G Realty Trust II SP-00-198 2 Board of Appeals Attorney Gildea agreed to Withdraw without Prejudice the portion of the Petition for a I Special Permit under Section 174-51.B. of the Zoning By-laws. No comments were received from abutters. I SPECIAL PERMIT CRITERIA Section 174-17 of the Mashpee Zoning By-laws and Massachusetts General Laws Chapter 40A, Chapter 6, require a finding that the extension, alteration or change shall not be substantially more detrimental to the neighborhood than the existing II non-conforming use. Section 174-24C of the Mashpee Zoning By-laws requires that the j permit granting authority determine that the proposed use and development are consistent ;I f 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. GENERAL FINDINGS 1. that the subject property is located at 33 Great Neck Road South and consists of 40,462 square feet. i SPECIFIC FINDINGS The Board determined that: 1. the changes between the proposal and the prior structure would result in an increase to 8.4% lot coverage, but would be well under the allowed 20%. 2. there is adequate land area to provide sufficient parking. 3. the installation of the new Title V septic system would be an improvement to the subject property and to the neighborhood;therefore,the changes would not result in a structure or use more detrimental to the neighborhood than the prior non-conforming structure and its use. 4. since all storm waters from the parking lot would be handled according to the Town's newest storm water management laws and would be an improvement to the Mashpee River Watershed,the proposal would not result in an excessive demand upon community facilities and there would not be a significant adverse impact on the environment. In view of the foregoing,the Mashpee Zoning Board of Appeals found that the Petitioner 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 November 22, 2000 to grant a Special Permit. The Special Permit is conditioned upon compliance with plans of Baxter,Nye &Holmgren, Inc. entitled"Site Plan of Land, Proposed Addition, 33 Great Neck Road South,Mashpee, Massachusetts, Prepared for CB&G Realty Trust H, Date: 10/11/2000". II