11/13/2019 ZONING BOARD OF APPEALS Minutes

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS DECISION APPEAL OF ZONING/BUILDING OFFICIAL Petitioners, John and Susan Fish RE: 89 Industrial Drive (Map 88 Parcel 27) Mashpee, MA 02649 AP-2019-5 5 Mr. Blaisdell met with Town Counsel and the Building Department for their advice on this case. Mr. Blaisdell said that they discussed the legality of the issue, and that Town Counsel's opinion was that there was no reason to overturn the Building Inspector's decision based on the cease and desist letter, and allows the Zoning Board to make their own decisions. The application did not reference a specific bylaw. Attorney Senie said that his original request was Section 174-9 and Section 174-22. Mr. Gould said in his opinion, this case was presented regarding the activities going on, and whether it required or didn't require various permits; the violations seem to be a secondary issue. Attorney Senie said that there was an intent that the MIPT and the CCC do everything they can to preserve the 50 ft. no -touch buffer at the end of the commercial zone. He said he presented this to show the historical context. There were no more questions from the Board. Mr. Blaisdell asked Charlie based on the refusal to issue the cease and desist, if the owners were to come to the Board and are now operating some kind of use of the lot without coming to the Board for a Special Permit and had nothing to do with the 50 ft. buffer would he have a problem issuing a cease and desist. Charlie said; no he wouldn't, if they started using the property. The lot was already in use, and it doesn't look like it was designed for parking purposes. Charlie said that he believes that this was presented regarding the 50 ft. buffer of the private agreement. Mr. Fish and his mother addressed the Board and expressed what they observed on the property. They believe there's a violation of the buffer and feel they were harassed by the new owners. There were no more comments from the audience or the Board. Mr. Blaisdell announced that a motion is made in the positive, and then the Board votes. Mr. Blaisdell made a motion to approve Petitioners, John and Susan Fish's request to overturn the Zoning/Building Official's determination regarding a cease and desist order letter dated September 24, 2019. Mr. Gould second. Chairman Furbush polled the Board. Mr. Blaisdell, voted no, Mr. Gould, voted no, Ms. Sangeleer voted no, Mr. Ganzenmuller voted no, and Mr. Furbush voted no. The Board hereby concludes that the Petitioners have not established a factual or legal basis to support their appeal of the Zoning/Building Official's determination. The Zoning Board of Appeals votes unanimously to deny the appeal, and uphold the Zoning/Building Official's determination regarding a cease and desist order letter dated September 24, 2019. S