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04/22/2020 ZONING BOARD OF APPEALS Minutes
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04/22/2020 ZONING BOARD OF APPEALS Minutes
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ZONING BOARD OF APPEALS
Meeting Document Type
Minutes
Meeting Date
04/22/2020
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MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR A SPECIAL PERMIT <br /> Petitioner, Steven P. Hynds <br /> Owner of record: 11 Industrial Drive, LLC <br /> 89 Industrial Drive (Map 88 Parcel 27) <br /> Mashpee, MA 02649 <br /> SP-2020-14 <br /> There are various uses that are allowed in this zoning district upon grant of a Special Permit <br /> relief, and is typical that the Board has seen in the industrial zone. These uses include <br /> wholesale businesses with storage inside and outside of the building; contractor's yards, <br /> contractor's bays, and office space all which are allowed within the I-1 Zoning District. If <br /> there are uses that are proposed that don't fit into the use categories, the Board would <br /> require them to receive their own Special Permit for the use that is not specific to those <br /> uses that have been included as part of this application project. Section 174-24 C 2 which <br /> the Board will consider in determining whether a Special Permit should be granted. That <br /> criteria relates in general to public health and safety concerns include impacts on ground <br /> and surface water, traffic, air quality, community facilities, public lands, and neighboring <br /> properties. <br /> This project was reviewed by the Design and Plan Review Committees and recommended <br /> approval to the Zoning Board. There was some concerns raised by the abutting property <br /> owner, and shortly after the owner of the proposed lot constructed a chain link fence with <br /> privacy slats and twenty seven(27) arborvitaes approximately 8 ft. apart along that fence. <br /> Attorney Kirrane said that he understands that a 50 ft. buffer be maintained as <br /> recommended by the Cape Cod Commission but it is not applicable anymore and is <br /> certainly not a requirement under the bylaw. The building is consistent with other projects <br /> that the Board has approved in the past, and are the typical uses that the Board has granted <br /> over many years. <br /> After hearing testimony,the Board continued the hearing until Wednesday, May 13, 2020. <br /> This public hearing was held remotely. The Board requested a revised site plan depicting <br /> the lot boundaries,requirements of open storage,the location of the abutter's chicken coop, <br /> and consulting engineer comments from Charlie Rowley. <br /> The Board heard comments from Attorney Senie, who represented the direct abutter at 13 <br /> Nancy Lane. Mr. Senie recommended that the Board consider a 50 ft. buffer zone on the <br /> rear property line instead of the 10 ft. buffer, he suggested reasonable hours of operation, <br /> and a more substantial barrier fence on the rear property line. There were also letters <br /> submitted by others located in the Highlands neighborhood who were not abutters within <br /> 300 ft. of the property. <br /> The Board received a revised site plan stamped by Raul Lizardi-Rivera, Civil Engineer <br /> with Cape & Islands Engineering depicting the requested revisions of the boundaries, the <br /> boat storage area, the dimensions of the chicken coop and fence location from the rear <br /> property line.The revised plan was submitted to Charlie Rowley,Consulting Engineer who <br /> will provide the Board with his cost estimate of his site review, and is the applicant's <br /> responsibility to submit payment to the Town for his inspections. <br /> 2 <br />
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