11/13/2019 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES NOVEMBER 13,2019 4. Conditioned on all Town Department comments read into the record. 5. Conditioned that the garage to have an unfinished space above no plumbing or heating. Mr. Gould second. Chairman Furbush polled the Board. Mr. Goldstein, in favor Mr. Gould, in favor Ms. Sangeleer, in favor Mr. Reiffarth, against W. Furbush, in favor The Board voted 4-1 for the Variance relief of the raze and replace of the garage. 89 Industrial Drive : Petitioners, John and Susan Fish request an Administrative Appeal to the Zoning/Building Official under M.G.L. Chapter 40A,§§8 & 15. The Petitioners seek the Zoning Board of Appeals to overturn the Zoning/Building Official's determination regarding a cease and desist order letter dated September 24, 2019. Property is located in an I-1 Zoning District,Map 88 Parcel 27, Mashpee,MA. Attorney Christopher Senie represents the applicants who live at 13 Nancy Lane,who were also present. He was asked by the applicants to bring to the Board's attention certain activities that have taken place on the property just to the North of them at 89 Industrial Dr. The zone line passes through at the northerly edge of all the residential parcels on the southern side, and is industrial northern side. He is,requesting the Board to overturn the decision of the Zoning Enforcement Officer who refuses to grant a cease and desist order. Attorney Senie said he understands that in order for the Board to reverse a determination made by the Zoning Enforcement Officer there requires a super majority of those members voting in favor to overturn. He handed out his presentation that outlined and reviewed the bylaws Sections 174-9, 174-22, 174-22, and 174-41 that he believes has a zoning violation in this case. Mr. Senie said that the most impact on this case is Section 174-41 with the question how close could parking or other uses be to this property line. He also reviewed a larger map of the property and the area that divides the residential and commercial property and shows the 50 ft. natural buffer. He mentioned, that this natural buffer was entered into an agreement with the Cape Cod Commission and the Mashpee Industrial Park Trust Development. 9