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MASHPEE ZONING BOARD OF APPEALS <br />JANUARY 8, 2014 <br />MINUTES <br />• <br />Attorney Gildea stated the proposed building is approximately 200 feet from the nearest <br />residential home and the current operation of the adjacent lot. Also, the parking lot is 200 <br />feet from a residence and will not be any closer than the current building. It is significant <br />to know that an automobile repair shop under the zoning by-laws is required to conduct <br />business inside, and indicated that Mr. Bugg has not received any complaints regarding his <br />operation. <br />Mr. Furbush read into the record a letter dated December 17, 2013, submitted by Glen <br />Harrington, Health Agent, Mashpee Board of Health stating the following; "The board <br />approved the site and sewage plan for Preventive Maintenance to construct a 5,000 sq. ft. <br />building to repair and restore cars. Kyle Bugg was an applicant. The board did not have <br />any technical questions or comments on the site plan but there was a discussion regarding <br />the operations of the facility and the requirements for commercial properties the board <br />typically places on as a condition of the approval. The operational questions included the <br />recycling of oil, oil filters, tires, batteries, antifreeze and the storage of cars (awaiting repair <br />and for parts). Atty Gildea simply said that the owner will take care of the operations but <br />the amount of cars stored would be based upon licensing requirements. <br />Mark Gildea, Esq. representing attorney for the project had concerns with two of the <br />requirements. -The first requirement was that "all changes in tenancy and/or use of each <br />• unit shall be approved by the BOH prior to issuance of a lease or sale if a unit." Atty Gildea <br />stated that it was the owner's responsibility to follow the law and that the statement was <br />vague and he didn't like it as an -attorney. The board stated that the use directly relates to <br />Title V and chasing a tenant down after they are in a unit is very difficult. If notice is given <br />and the use is described ahead of occupancy, the BOH may comment that the use violates <br />or exceeds Title V. I said that the first proposed building is owner -occupied but the second <br />future building is to be tenant space so I recommended that the requirement be placed when <br />the second building is constructed. <br />is <br />The second requirement stated that the operations of the property shall not be a nuisance <br />or the operation will be considered a noisome trade. Atty Gildea thought that this <br />requirement would limit the value of the property for resale. I said that the BOH, upon a <br />complaint, has the right to investigate and confirm and render a decision, at any time, that <br />an operation is a nuisance so having a condition now was not really needed. The board was <br />satisfied with the explanations so an approval was granted." <br />Mr. Jodka read a letter submitted by Glen E. Harrington, Health Agent, Mashpee Board of <br />Health dated December 16, 2013, addressed to Mr. Raul Lizardi-Rivera, P.E., Holmes & <br />McGrath, Inc. 205 Worcester Court, Falmouth, MA. The Mashpee Board of Health <br />approved the site and septic plan based on the conditions documented in the letter and was <br />read into the record as part of the decision. <br />2 <br />