1/11/2017 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JANUARY 11, 2017 Mr. Blaisdell made a motion to approve the Written Finding request with the following conditions; the project meets all the conditions of a Written Finding under Mass General Law 40A Section 6. A plot plan submitted by BSS Design, Proposed House and Subsurface Sewage Disposal System Upgrade Prepared for Thomas & Kristen Murray, 118 Waterway, Mashpee, MA. Scale: 1" = 20', dated: Nov. 22, 2016, Drawn: EJP, TJB, MRT, Checked: JER, Job Number: 16079, Revisions: Rotated house and added cantilever, adjusted septic system Dec. 5, 2016, TJB, Added Trees to be removed and marsh off -set to pool patio, Dec. 19, 2016, MRT. Title: Site Plan: 2 of 3, Drawing Number: B24-41. Conditioned upon all department comments read into the record. Mr. Blaisdell made a motion to issue a Variance of 2.9 ft. on the northerly side yard setback, and is conditioned on all previous comments from the Written Finding read into the record. 387 Nathan Ellis Highway: Petitioner, Joseph Vittorini, DBA Nantucket Body Art, requests a Special Permit under § 174-24 (K) of the Zoning Bylaws to allow for a tattoo parlor located in a C-1 Zoning District, Map 72 Parcel 57A, Mashpee, MA. (Owner of Record: VCMAR Mashpee LLC). Mr. Gould announced to the audience and the Board that he was an abutter. Chairman Furbush asked the applicant if he would allow Mr. Gould to vote. This was duly noted by the applicant and he agreed to allow Mr. Gould to vote and would proceed with the hearing. Attorney Mark Gildea represented the applicants seeking a Finding and Special Permit for the proposed tattoo studio at the commercial complex next to the Dino's building. The applicants were also present. Attorney Gildea said that the applicants operated a tattoo studio on Nantucket for nearly 8 years. He said they have been working with the Town for their business application for about six months. They contacted and worked with the Board of Health through their entire process. The applicants are fully licensed as practitioners as required for the establishment and will be a licensed establishment by the Board of Health pending final inspection. The Town has issued and approved a business certificate, License Number: 2016-164, which was signed by the Town departments. Attorney Gildea said the reason he is presenting this petition to Board is that the definition of tattoo studio is not found in the Zoning Bylaws under § 174-25 Table of Uses. He said that tattoo studios are now available in other cities and towns and are listed in their bylaws as allowable use. The Attorney was instructed by the Building Inspector to apply with the ZBA because the use was not specifically set forth in the statute. He mentioned that Section 174-24 (K) specifically allows this use as he quoted from the bylaw stating; "construction, operation, traffic and environmental impact to a specific use allowed as of right or by Special Permit in said district and it is substantially dissimilar in those respects from any uses prohibited in the district." The Attorney also mentioned that the Board could consider this use listed under Section 174-25 E (4) in a C1 District as a "Service Business". The Attorney concluded that this is a family business and would not be opened late at night.