4/22/2020 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES APRIL 22,2020 He further discussed that this particular proposal will not have a significant impact on the adjacent residential area.The building conforms to the current zoning requirements and the uses are permitted upon the grant of a Special Permit and the Board should act favorably. Jonathan asked Charlie if there were specific hours of operation. Charlie said that the Board could make that a condition of the Special Permit. Charlie read Section 174-25 under other principal uses lists specific noisome situations that are not allowed and will not be tolerated if someone filed a complaint. Mr. Bonvie questioned the distance between the fence and the lot line. Attorney Kirrane described the interior of the fence having vegetative screening installed 8 ft. on center inside the fence. He was not certain what was installed on the exterior of the fence. The Board had a discussion about the vegetation, and the distance of the structure located on the opposite side of the fence,and the actual location of the surveyed lot line.The Board questioned the allowed distance of the structure (chicken coop) from the lot line. Charlie mentioned Section 174-25 (1)(4)that no building or enclosure that houses animals may be less than 40 ft. from the side or rear lot line. The Board wanted Attorney Senie to discuss his reason for the appeal he filed back on October 17, 2019. Mr. Senie said that the Board would not address the 50 ft. buffer issue unless a Special Permit application was filed for the lot. Attorney Senie suggested that the Board take into consideration the specific uses requested and if they are allowed uses under the bylaws. In closing, he suggested that the bylaws be revised to involve abutter mailings for prior meetings that coincide with Special Permit applications. He believes that the abutters have equal rights as the applicant. Attorney Kirrane said that this building could be built within 50 ft. of the property line, instead the plan shows it will be 90 ft. from the property line. In addition, he agrees that the owners of the residents have equal rights, and he suggested that the owner of the industrial property has equal rights as long as the developer conforms to the zoning requirements.Any use that is not applied for under this proposal would require an applicant to apply for a separate Special Permit. The Board had a discussion regarding the landscape plans, drainage calculations, and the type of screening, and fencing that would be provided. The Board wanted the owner to discuss the fence and its location. Mr.Hynds said that the fence is on his property, but the question is if it is 4 ft. from the property line. The engineered plan shows two bounds, and the fence within 4 ft.of the property line.The Board wants clarification of the site condition on the plan of the lot line, and the fence. The question is what is the distance of the rear bound to the fence line.The owner said that it is 6 inches toward his property. The Board asked the applicant if he would agree to continue the hearing until May 13,2020 to secure a new stamped plan, depicting the location and distance of the chicken coop to the lot line, and if the application includes boat storage. The abutter letters will be read at the next meeting. 8