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11/13/2019 ZONING BOARD OF APPEALS Minutes
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11/13/2019 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
11/13/2019
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T%rn of Nfasl <br />� 16 Great «1recK &oac( uN%rtlt <br />Mashpee, Alassachu.setts 02649, <br />MASHPEE ZONING BOARD OF APPEALS <br />DECISION APPEAL OF ZONING/BUILDING OFFICIAL <br />AP-2019-55 <br />Petitioners, John and Susan Fish Bk: #32116 <br />(13 Nancy Lane, Mashpee, MA 02649) Pg.: #48 <br />RE: 89 Industrial Drive <br />(Map 88 Parcel 27) <br />Mashpee, MA 02649 <br />A Petition was filed on October 17, 2019 by Petitioners, John and Susan Fish requesting <br />an Administrative Appeal to the Zoning/Building Official under M.G.L. Chapter 40A §§8 <br />& 15. The Petitioners seek the Zoning Board of Appeals to 6vertum the Zoning/Building <br />Official's determination regarding a cease and desist order letter dated September 24, 2019. <br />Property is located in an I-1 Zoning District, at 89 Industrial Drive, Map 88 Parcel 27, <br />Mashpee, MA. <br />Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter <br />40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general <br />circulation in the Town of Mashpee, on October 25, 2019 and November 1, 2019 a copy <br />of which is attached hereto and made a part hereof. <br />The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of <br />Massachusetts General Laws Chapter 40A §8 & §15, and the Town of Mashpee Zoning <br />By-laws. <br />Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, <br />November 13, 2019 at which time the following members of the Board of Appeals were <br />present and acting throughout; Chairman, Jonathan Furbush, Vice Chairman, William <br />Blaisdell, Board Members, Norman J. Gould, and Associate Members, Sharon Sangeleer <br />and George Ganzenmuller. Also present was Building Inspector, Charlie Maintanis. <br />Attorney Christopher Senie represented the applicants John and Susan Fish who live at 13 <br />Nancy Lane were also present. He was asked by the applicants to bring to the Board's <br />attention certain activities that have taken place on the property just to the North of them <br />at 89 Industrial Dr. The zone line passes through at the northerly edge of all the residential <br />parcels on the southern side, and is industrial on the northern side. He is requesting the <br />Board overturn the decision of the Zoning Enforcement Officer who refuses to grant a <br />cease and desist order. <br />Attorney Senie said he understands that in order for the Board to reverse a determination <br />made by the Zoning Enforcement Officer there requires a super majority of those members <br />voting in favor to overturn. He handed out his presentation that outlined and reviewed the <br />bylaws Sections 174-9, 174-22, 174-22, and 174-41 that he believes there is a zoning <br />violation in this case. <br />
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