11/13/2013 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Mashpee Economic Development& Industrial Corporation 117 Industrial Drive Extension (Map 88 Parcel 29) Mashpee, MA 02649 SP-2013-55 Carol Sherman, Chairman of the Mashpee Economic Development & Industrial Corporation (EDIC) and on the Board of Selectmen introduced Attorney, Mark Gildea representing the applicant Kyle Bugg who is requesting a special permit for his automobile repair shop. He is purchasing the property from the Economic Development & Industrial Corporation (EDIC) and presently operates Preventative Maintenance that is adjacent to the premise that he is purchasing. He is outgrowing his business repair shop and seeks to remain in the Mashpee business community therefore planning to make a significant investment to purchase the land and construct a new building. The project has met with Design Plan Review and appeared in front of the Board of Health to address the issues they had raised. The proposal is for a 5,100 square foot repair shop with 720 square feet of office space. The site plan depicts the layout of the building and parking. The front and rear setbacks are 75 feet and are met on the submitted plan. The front setback is from Industrial Boulevard which is depicted as the circular area on the site plan. The plan provides ample parking more than required depicting (38) thirty eight total spaces, and (3) three are ADA compliant, and consistent with all applicable bylaws. This project does not adversely impact public health or safety and will not cause excessive demand on new facilities and provides adequate off-street parking and will not be detrimental to the area or the Town. Attorney Gildea stated the proposed building is approximately 200 feet from the nearest residential home and the current operation of the adjacent lot. Also, the parking lot is 200 feet from a residence and will not be any closer to the current building than his current operation. Under the Zoning Bylaw, an automobile repair shop is required to conduct business inside. Chairman,Jonathan Furbush read a letter into the record,dated December 17,2013, submitted by Glen Harrington, Health Agent, Mashpee Board of Health stating the following; "The Board approved the site and sewage plan for Preventive Maintenance to construct a 5,000 sq. ft. building to repair and restore cars". The operational questions included the recycling of oil, oil filters, tires, batteries, antifreeze and the storage of cars (awaiting repair and for parts). "The second requirement would be the operations of the property shall not be a nuisance or the operation will be considered a noisome trade." A letter submitted by Glen E. Harrington, Health Agent,Mashpee Board of Health dated December 16,2013,addressed to Mr.Raul Lizardi-Rivera,P.E.,Holmes&McGrath, Inc. 205 Worcester Court, Falmouth, MA, stating the Mashpee Board of Health approved the site and septic plan based on the documented conditions and read into the record as part of this decision. 2