4/22/2020 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES APRIL 22, 2020 There are various uses that are allowed in this zoning district upon grant of a Special Permit relief, and is typical that the Board has seen in the industrial zone. These uses include wholesale businesses with storage inside and outside of the building; contractor's yards, contractor's bays, and office space all which are allowed within the I-1 Zoning District. If there are uses that are proposed that don't fit into the use categories, the Board would require them to receive their own Special Permit for the use that is not specific to those uses that have been included as part of this application project. Section 174-24 C 2 which the Board will consider in determining whether a Special Permit should be granted. That criteria relates in general to public health and safety concerns include impacts on ground and surface water, traffic, air quality, community facilities, public lands, and neighboring properties. The Board needs to determine that what is being proposed will not have a significant impact on those concerns under the bylaw, or that excessive levels of noise, vibrations, electrical disturbances, radioactivity or glare will be created or that it would disrupt endangered species. The Board acted favorably on a previous application submitted by an auto body company for this lot, but for some reason did not go forward. This project was reviewed by the Design and Plan Review Committees and recommended approval to the Zoning Board. There was some concerns raised by the abutting property owner,and shortly after the owner of the proposed lot constructed a chain link fence with privacy slats and 27 arborvitaes approximately 8 ft. apart along that fence. Attorney Kirrane said that he understands that a 50 ft. buffer be maintained as recommended by the Cape Cod Commission but it is not applicable anymore and is certainly not a requirement under the bylaw. The building is consistent with other projects that the Board has approved in the past, and are the uses typical that the Board has granted over many years. Chairman Furbush asked about the Special Permit issued for the storage of the water pipes. Attorney Kirrane said that he did not represent the applicant, but he knows that the Special Permit was granted to the original owner for the lot and was not abandoned. Mr. Bonvie mentioned that in the past the Board has issued a Special Permit based on a specific use, i.e., boat storage. He has concerns with the wording of this proposal because it does not list a specific use. Attorney Kirrane said that if there is a future specific application proposed that is not listed under the bylaw the applicant would be required to return to the Zoning Board of Appeals for a Special Permit for that specific use. There is nothing specifically mentioned in the bylaws of a product or specific item that can be stored outside. Charlie addressed the Board and said Kevin Kirrane explained that the Board can remove the wording"and other allowed uses..." Charlie referenced Section 174-25 H(3) "doesn't allow outside or sale of storage of junk or salvaged materials". 5