3/25/1992 ZONING BOARD OF APPEALS Minutes

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Board of Appeals Minutes - March 25, 1992 3. Diane Clothier -- Ms. Clothier explained that she was the owner of the former Ma Glockner's restaurant and planned to open a restaurant at the site. She asked the Board for confirmation that the permit issued to Donna Austin for use of the building was still valid. Mr. Friel stated that the Board had concerns on the parking area and Ms. Clothier said the parking had been changed. Mr. Friel determined that the permit was still valid but the Board required that plans be reviewed by the Design Review Committee. Mr. Govoni seconded. All agreed. New Seabury - Robin Tuffias of Maushop Stables explained to the Board that she would like to build a stable at New Seabury to provide recreational riding in the Highwood section which has 5 miles of riding trails. She said that Mr. Boyd had said the use was permitted but Christopher Burden, president of New Seabury, wanted the plans approved by the Board of Appeals. Future plans would include an indoor riding rink. Ms. Tuffias said she would be leasing the land and might eventually be able to board horses. Christopher Burden explained that the area is within the original Special Permit and that there had been a 20-stall stable at New Seabury in another location. His concern was how much of the stable would be considered commercial. He thought that only the office space should be considered commercial and not the entire structure. Mr. Boyd said if the 2.2 acre parcel of the stables was combined with the 5 miles of trails the project would qualify under Chapter 61A for agricultural use since it would exceed 5 acres. Mr. Burden said he needed an opinion that the entire project would not be considered commercial. He presented a draft of a suggested letter. Mr. Makunas suggested Town Counsel review the draft. Mr. Govoni said they would not need a permit from the Board of Appeals. Mr. Burden said that the original cluster zoning district made a distinction between recreational use and commercial and cited the pro shop at the Tennis Courts as commercial but the courts as recreational. He said the problem is that the stable is under roof but asked if the stall is recreational or business. Mr. Friel moved to take the matter under advisement. Mr. Govoni seconded. All agreed. Mr. Boyd suggested that Town Counsel be asked for an opinion and that a meeting of a Board member and C. Burden be scheduled with Town Counsel. Mr. Govoni agreed to represent the Board. William M. and Geraldine H. McCormack - Request a Special Permit under Section 174-25.1.9 of the Zoning By-laws for permission to construct a pier, ramp and float in Jehu Pond in an R-3 zoning district on property located at 77 Tide Run (Map 120, Block 190) Mashpee, MA. Members sitting: M. Makunas, J. Friel, E. Govoni Joseph Forns, an environmental biologist, represented the applicant and informed the Board that he had done an assessment of the wetlands for the Chapter 91 licensing. The study included the bottom habitat, vegetation and the chemistry of sediments. He said that the water quality and sediment studies conformed to the criteria of the Massachusetts standards and showed no adverse impact to Jehu Pond.