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5/13/2020 ZONING BOARD OF APPEALS Minutes
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5/13/2020 ZONING BOARD OF APPEALS Minutes
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Mashpee_Meeting Documents
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ZONING BOARD OF APPEALS
Meeting Document Type
Minutes
Meeting Date
05/13/2020
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MASHPEE ZONING BOARD OF APPEALS <br /> MEETING MINUTES <br /> MAY 13,2020 <br /> Mr. Kirrane doesn't recall the Board imposing hours of operation on any petitions. He <br /> mentioned that the abutter is leading the opposition regarding the fence,and that the abutter <br /> cleared the land right up to the fence and planted trees which was not on his property. <br /> Mr. Senie responded that his client had maintained the area between the old brown wooden <br /> fence which was built long ago at the start of the 50 ft. buffer. That fence was there for <br /> more than 20 years before the new chain link fence was installed.. The owner of 89 <br /> Industrial Drive at the time did not take care of the forested area, so his client planted new <br /> trees. <br /> Mr. Senie said that there is nothing in the application that mentions the Water Company is <br /> going to continue to use this property.Mr. Senie suggested that the Board consider set <br /> times for deliveries and emptying of dumpsters. <br /> Mr. Kirrane said that the 50 ft. buffer began at the property line,not the fence line. This is <br /> an 'industrial park, and not a residential development subdivision. The abutter has some <br /> responsibility to protect his own property by maintaining his own buffer, and planting on <br /> this property. The Water Company has a Special Permit on this property. <br /> Jonathan asked Mr. Kirrane to review and comment on the open storage. Mr.Kirrane said <br /> the boat that is currently there is his client's boat, and the Board has considered wholesale <br /> businesses and storage to include storage of material outside the buildings. The Board has <br /> interpreted the bylaw and has allowed outside storage in a roofed structure for industrial <br /> buildings. A contractor's yard will have outside storage.The boat is not there during the <br /> summer months. Jonathan agreed, and Jim Reiffarth agreed. <br /> Mr.Kirrane said that Section 174-24 L allows uses that are similar. The Board can make a <br /> finding.Charlie said that if the use is considered for contractor bays,they would not require <br /> their own special permit as long as they meet the definition of a contractor. Mr. Bonvie <br /> wanted clarification from Charlie regarding the uses requested by the applicant. Charlie <br /> said that if the Board approves the uses that were applied under the application there is no <br /> need for someone to reapply for a special permit. Mr. Bonvie asked Charlie if the <br /> application that was applied for was for contractor bays, and someone decided to have <br /> "boat storage"would they require to return to the Zoning Board. Charlie said if contractors <br /> suddenly start storing their boats, he would be sending them to the ZBA. The Board can <br /> approve or not approve the uses that were applied for in the application.Mr.Reiffarth asked <br /> Charlie about boat storage in an R-3 zone. Charlie said; boat storage in an R-3 is allowed, <br /> and if it's on a trailer is not a zoning issue in the Building Department. The building code <br /> doesn't deal with motorized anything. <br /> Mr. Kirrane said that the Board has approved boat storage units in other industrial parks. <br /> The question is how many boats will be stored on this lot. Charlie said that boat storage is <br /> different than contractor trades. Charlie noted that the application does not include §174- <br /> 24 L,and there are bylaw requirements for"boat storage"such as drainage. <br /> 5 <br /> k <br />
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