8/22/2018 ZONING BOARD OF APPEALS Minutes

Home Browse Search

Town of Alosbpee .. ' A%E1,01poE,Alassrrthva N(irs 02149 MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES AUGUST 22, 2018 The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, August 22, 2018, at 6:00 p.m. in the Waquoit Room at the Mashpee Town Hall, 16 Great Neck Road North. Chairman,Jonathan D. Furbush, Board Members Ron Bonvie, Scott Goldstein,and Associate Members, Brad Pittsley,Norman J. Gould, and Sharon Sangeleer were present. Building Commissioner, Michael Mendoza was also present. There were several people in attendance, and a sign-in sheet was passed around. Chairman Furbush opened the hearings at 6:00 pm and announced that the meeting was being televised live on Mashpee on local Mashpee TV. PLEDGE OF ALLEGIANCE CONTINUED HEARINGS Chairman Furbush announced that Vice Chairman Bill Blaisdell was absent. Sitting in on this continued hearing are Board Members Scott Goldstein, Norman J. Gould, Chairman Furbush, Associates Brad Pittsley and Sharon Sangeleer. 540 Great Neck Road South: Petitioner, William R. Haney requests an Administrative Appeal to the Building Commissioner concerning a cease and desist of a heliport under §174-17, §174-22 and §174-25 of the Zoning Bylaws on property located in an R-3 Zoning District, Map 99 Parcel 40-0, Mashpee, MA (Owner of record: Mary E. Zocchi). (Continued from July 25, 2018 hearings at the request of the Board). Attorney, Brian Wall represented the applicant who was also present. This hearing was continued twice pending information the Board requested from Town Counsel. Mr. Wall said at the last hearing there were questions if this application was "grandfathered", alternatively if the use was immune and no longer under decisional law, or considered pre- existing non-conforming, and the third was the change in the lot being applied retroactively. After the continued hearing at the Board's request, he said he provided case law materials to the Building Commissioner for Town Counsel's review. Mr. Wall was told that there was a response from Town Counsel. Chairman Furbush received confidential information from Town Counsel and read the pertinent information into the record based on the subject cease and desist order,the appeal can be defended on compelling legal grounds, but he suggested that Mr. Haney apply for a Special Permit, a special "use" permit to authorize this continued hearing. Mr. Furbush suggested that Mr. Wall could withdraw and ask for a Special Permit. 1