11/13/2019 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES NOVEMBER 13,2019 Mr. Gould said in his opinion, this case was presented regarding the activities going on, and whether it required or didn't require various permits; the violations seem to be a secondary issue. Attorney Senie said that there was an intent that the MIPT and the CCC do everything they can to preserve the 50 ft. no-touch buffer at the end of the commercial zone. He said he presented this to show the historical context. There were no more questions from the Board. Mr. Blaisdell asked Charlie based on the refusal to issue the cease and desist, if the owners were to come to the Board and are now operating some kind of use of the lot without coming to the Board for a Special Permit and had nothing to do with the 50 ft.buffer would he have a problem issuing a cease and desist. Charlie said;no he wouldn't if they started using the property. He doesn't understand how one boat constitutes a use. The lot was already in use, and it doesn't look like,it was designed for parking purposes. Charlie said that he believes that this was presented regarding the 50 ft. buffer of the private agreement. Mr. Fish and his mother addressed the Board and expressed what they observed on the property, and believe there's a violation of the buffer and feel they were harassed by the new owners. There were no more comments from the audience. Mr. Blaisdell announced that a motion is made in the positive, and then they make a vote. Mr. Blaisdell made a motion to approve Petitioners, John and Susan Fish' request to overturn the Zoning/Building Official's determination regarding a cease and desist order letter dated September 24, 2019. Mr. Gould second. Chairman Furbush polled the Board. Mr. Blaisdell, voted no, Mr. Gould, voted no, Ms. Sangeleer voted no, Mr. Ganzenmuller voted no,and Mr. Furbush voted no. The Board hereby concludes that the Petitioners have not established a factual or legal basis to support their appeal of the Zoning/Building Official's determination.The Zoning.Board of Appeals votes unanimously to DENY the appeal and uphold the Zoning/Building Official's determination regarding a cease and desist order letter dated September 24, 2019. OTHER BUSINESS 735 Falmouth Road: Owner, Mark Bogosian requests a minor modification to an approved Special Permit (SP-2018-09) and Variance (V-2018-10). Board to vote if considered a major or minor modification. Attorney Kevin Kirrane submitted a plan regarding a commercial building located on Rte. 28. The building was proposed to have retail office space and contractor bays to the rear. Since the building is almost completed,the owner found a tenant that wants to occupy the entire building, so there is no need for the contractor bays that were issued on the original proposal. 12