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MASHPEE ZONING BOARD OF APPEALS <br /> MEETING MINUTES <br /> NOVEMBER 13,2019 <br /> Charlie addressed the Attorney quoting that he said"may require a greater buffer than 10 <br /> ft. for parking." Attorney Senie believes this case is a Zoning issue and a Special Permit <br /> should be in place. He said because this is a parking facility without a principle use and to <br /> keep trailers and boats on this property is an activity that requires a Special Permit. The <br /> property owner is using the property to clear it, treat it and beginning to use it in a <br /> commercial fashion without permitting. Attorney Senie believes that a Special Permit will <br /> be applied for, and they will ask for a privacy fence to be put back at the 50 ft. mark, and <br /> that new soil be brought in and be revegetated. <br /> Charlie asked the Attorney if the property was being used prior to this owner. Attorney <br /> Senie said it,was primarily a vacant lot and that the Mashpee Water District who owns the <br /> property to the west was using a portion of this property to store more piping. He said there <br /> was no problem with that. Charlie asked the Attorney if he agreed that that lot was partially <br /> cleared to store equipment for the Water Dept. Attorney Senie said that the Water Dept. <br /> always observed the 50 ft. natural buffer at the end of their property, and never did any <br /> activity in the 50 ft. that was just removed. <br /> Charlie said he didn't do a survey but that in his opinion there was some equipment closer <br /> than 50 ft. Charlie said that on page 7 of the presentation there's a picture that shows some <br /> equipment that is used to move pipes. Charlie also wanted to know how many boats were <br /> stored. Attorney Senie said there is only one boat. Charlie wanted to know how long that <br /> one boat has been stored. Mr. Senie said that his client could answer that question. Charlie <br /> asked the Attorney when he first came in for the cease and desist was it based upon clearing <br /> into that 50 ft.buffer.Mr. Senie said;yes. There was no Special Permit issued.Charlie said <br /> he doesn't believe he has the authority to enforce a private agreement that has expired for <br /> a 50 ft. buffer. Attorney Senie said he is not asking anyone to enforce that agreement. <br /> Attorney Senie said that what is missing is an application for a Special Permit, and if that <br /> had been submitted, the Board would have had the opportunity to consider whether it <br /> should impose a greater natural buffer than the 10 ft. that is always required. <br /> Jonathan said a meeting was held with Town Counsel and the Building Department to get <br /> their advice on this case. Unfortunately he was not able to make it to the meeting,but Vice <br /> Chair, Bill Blaisdell was at the meeting. <br /> Mr. Blaisdell said that they discussed the legality of the issue, and that Town Counsel's <br /> opinion was that there was no reason to overturn the Building Inspector's decision based <br /> on the cease and desist letter, and allows the Zoning Board to make their own decisions. <br /> The application did not reference a specific bylaw. <br /> Attorney Senie said that his original request was Section 174-9 and Section 174-22. <br /> 11 <br />