03/23/2011 ZONING BOARD OF APPEALS Minutes

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J MASHPEE ZONING BOARD OF APPEALS EXECUTIVE SESSION MINUTES • MARCH 23,2011 the parties 30 days in which to work out an agreement. nt. After working out the rules and regulations, the Fire Chief, Building Inspector and Health Agent will have regulations in writing in hand when they conduct inspections of the subject property. If any violations are found, the Town would have legal recourse through the court system. Mr. Furbush asked if Attorney Costello thought that the court would vote in favor of Mr. White. Attorney Costello said that it. comes down to the defense of the Cease and Desist order which the Board upheld. That decision was supported by the Building Code as it existed at that time, which the Board can no longer rely on. Attorney Costello said that even if the Board won the court case, all the parties would be right back at square one with the same dispute about use. Attorney Costello said that it creates a difficult situation with Zoning By-law amendments that become effective after a pre-existing situation. He said that Zoning By-laws are reactive. Attorney Costello stated that this has not been a burning issue in Town. He agreed with Mr. Bonvie and encouraged the Board to submit an article defining and providing regulations for the use of motels. Mr. Nelson suggested modifying Condition #4 regarding pets, which he considered a little harsh. Attorney Costello said that this issue was raised by neighbors and was included in the Conditions, but is actually outside the scope of zoning regulations. • Mr. Nelson brought up Condition #5 concerning the dumpster location and said that it must be located within the legal deed for the lot. He wants Mr. White to be aware that a permanent foundation must be installed when relocating dumpsters. Attorney Costello said that the configuration of the property can accommodate the condition and he will make it clear to Mr. White that the dumpsters cannot be located on another person's property. Mr. Nelson stated that Condition #7 relating to parking was excessive. Attorney Costello said that the parking plan from the 1980's has remained unchanged. Mr. Nelson asked if the plan can be brought into the ZBA for negotiation. Mr. Reiffarth asked if the Conditions would be binding upon a potential new buyer of the property. Attorney Costello said that this could be stipulated in the Conditions, such as "successors and assigns that use the property". Mr. Furbush said he was inflexible on the issue of fire safety. Mr. Blaisdell agreed that the Fire Chief must be satisfied with the conditions. Attorney Costello assured the Board that the Fire Chief will be consulted. Attorney Costello said that he will compose a formal response to Attorney Mills with the goal of coming closer to an agreement. Discuss Pendine: Litigation: James Regan vs. Mashpee Zoning Board of Appeals and Opinion of Building Commissioner Richard Stevens regarding proposed development of property located at 12 Brookside Circle, Mashpee, MA. Owner of record: Barry J. and Laura J. Marsolais. Barnstable County Land Court Department. 3