1/22/1997 ZONING BOARD OF APPEALS Minutes

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Board of Appeals Minutes - January 22, 1997 2 Mr. Dorgan questioned the interpretation of"structure"and Mr. Mills said the Building Inspector did consider the portable racks as a structure. Mr. Mills said it was a portable piece of equipment without a roof and he did not consider it a structure, Mr. Govoni reviewed the correspondence and stated that the Conservation Commission did not require review and Board of Health had approved the project, He read a letter from the Baldaufs, a direct abutter requesting the 15' screening and correspondence from the Fire Department with their requirements. He read a letter in opposition from a direct abutter, Virginia Driscoll, which requested inclusion in the Minutes and is attached. Mr. Regan questioned the status of the overdue tax payments and Mr. Govoni stated that a decision can be made by the Board. There was discussion on the design and Mr. Govoni noted that Design Review had approved the plans. Kathleen Perry, a resident of the area, questioned if the petition was signed by Seconsett Island residents. She asked if the Cape Cod Commission was reviewing the plans and Mr. Govoni said they were not involved. Mrs. Perry explained that she had a problem with the hours of operation of the fork lift. She said it was supposed to operate only between 8 AM, and 6 P.M. but it has been starting at 6:30 A.M. and continuing to 7 P.M, Jonathan Burtis, operator of the boatyard, said they often had emergencies to get boats in or out. Aubrey Nickerson, a resident of Monomoscoy, said he is across from the boatyard and said it is a well run business and he does not hear noise. Lloyd Gainsboro, a resident of Mashpee, said the boatyard has been there for 100 years and was a service to the Town. Peg Harsch, a resident of Mashpee, said the Board should consider immediate abutters and not the names on the petition. Mr, Hauck said the MDC drains may require a berm. Mr. Regan questioned the hours of operation of the forklift and if there could be improvement in the muffler system to reduce the noise level. Mr. Govoni asked Mrs. Perry if it was agreeable to operate the forklift between 8 A.M. and 7 P.M, and she said that would not be a problem. Mr, Hauck asked for a condition that the racks remain in the same location as on the plan. Mr. Regan moved to grant the Special Permit under Section 174-17, Ms. Hawver seconded. All agreed. Ms. Hawver made the following findings: 1. the replacement of the existing gas tanks and septic system will be an improvement to the site conditions; 2. Town benefits from the facility; 3. replacement of hoop house will be an improvement to the site; 4. the proposed expansion will not be more detrimental than the existing non- conforming structure; 5. the proposal does not exceed the Cape Cod Commission restriction on number of boats. The permit is subject to the following conditions: 1. proper screening from the abutter per Design Review Committee recommendations; 2. posting of a $300 landscape bond for the screening; 3. maintain a setback of at least 15' from the abutters; 4. the hours of operation of the forklift will be 8 A.M. to 7 P.M.; 5, compliance with the Fire Department regulations on perimeter berms on MDC drains; 6, portable racks are limited to the location stated on the plans; 7. compliance with the Fire Department regulations 243 and the maintenance of the 50' buffer.