09/11/2019 ZONING BOARD OF APPEALS Minutes

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MEETING MINUTES MASHPEE ZONING BOARD OF APPEALS SEPTEMBER 11,2019 Ms. Sangeleer seconded, Mr. Goldstein,yes, Mr. Reiffarth, yes, Mr. Furbush, yes. All were in favor to issue a new Variance for the garage project. Chairman Furbush announced that Associate Board Member Sharon Sangeleer recused herself from the next two hearings. He announced that every petitioner is entitled to have five Zoning Board members to hear their petition. As with every petition, in order for the petition to pass there must be four position votes.When all five Board members are present, you can have four positive votes, one negative vote and the petition will pass. Given that fact, all four Board members need to vote positive in order to pass. If you would like, the Board can grant a continuance until the next meeting when there are five members present, or the Board can hear the petitions and vote only at the next meeting. Attorney Kevin Kirrane represented the applicants. He said that there are a number of consultants present to address the issues that the Board had asked be addressed from the last hearing, he requested to the Board that he make his presentation, and have the Board defer any vote until the next meeting to afford Mr. Blaisdell or Mr. Gould the opportunity to listen or view the tape, and review the minutes of the meeting to be brought up to date and be able to vote on the application that is before the Board. He will not proceed if the Board were inclined to proceed with four members and vote this evening. Mr.Bonvie asked if the other Board members were not available or if there were no quorum at the next hearing what would the applicant do. Mr. Kirrane said that he would defer to the next meeting, and an agreement to extend would be signed by both the Board and applicant. Chairman Furbush read an email into the record dated September 11, 2019 that was provided by Town Counsel regarding a hearing continuance request. CONTINUED HEARINGS 413 Nathan Ellis Highway (Route 151): Petitioner, Industria Development Group, Inc. requests a Special Permit under §174-24, and §174-25 E (1) to allow for construction of a 9,975 sq. ft. retail use commercial building together with accessory parking on property located in a C-2 Zoning District, (Map 72 Parcel 56A), Mashpee, MA. (Owner of record: Robert A. Lebewohl Family Trust 1980). (Continued from August 28, 2019 hearings at the request of the Attorney). 6