04/27/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MINUTES APRIL 27, 2011 • Permits. The By-law reads: "A special permit may be issued only following the procedures specified by the General Laws and may be approved only if it is determined that the proposed use or development is consistent with applicable state and town regulations, statutes, bylaws and plans, will not adversely affect public health or safety, will not cause excessive demand on community facilities, will not significantly decrease surface or groundwater quality or air quality, will not have a significant adverse impact on wildlife habitat, estuarine systems, traffic flow, traffic safety, waterways, fisheries, public lands or neighboring properties, will not cause excessive levels of noise, vibrations, electrical disturbance, radioactivity or glare, will not destroy or disrupt any species listed as rare, endangered or threatened by the Massachusetts Natural Heritage Program or any known historic or archaeologic site, will not produce amounts of trash, refuse or debris in excess of the town's landfill and waste disposal capacities, will properly dispose of stumps, construction debris, hazardous materials and other waste, will provide adequate off-street parking, will not cause excessive erosion or cause increased runoff onto neighboring properties or into any natural river, stream, pond or water body and will not otherwise be detrimental to the town or the area." Attorney Wall said that the proposal to use the small sliver of land for a boathouse is not consistent with the Town By-laws. Attorney Wall said that the Petitioner has not established hardship. The Petitioner bought the property in 2002 for $60,000 and was aware of the Zoning By-laws. • Mr. Reiffarth questioned if the subject property is for sale. Mr. Costill confirmed that he is planning to sell the subject property. Mr. Carter said that he is concerned with setting a precedent for owners who will try to do the same thing with their undersized lots. Mr. Nelson said that these pre-existing lots have existed for .decades and they do not necessarily fall under existing zoning. Attorney Wall said that the proposal does not meet the setback requirements, a pre -requisite of grant of a Special Permit. Mr. Nelson said that the ZBA has the authority to grant Variances. Attorney Wall said that this Petition amounts to a request for a use Variance, which Mr. Nelson agreed is not allowed in Mashpee. Mr. Nelson said that these Petitions will be forwarded to Town Counsel for legal opinion. Mr. Slavinsky agreed to continue the Petitions. Mr. Blaisdell moved to continue the Petitions until May 25, 2011 to allow for Town Counsel opinion. Mr. Reiffarth seconded the motion. Mr. Nelson voted yes. Mr. Blaisdell voted yes. Mr. Reiffarth voted yes. Mr. Furbush voted yes. Vote was unanimous. Jonathan H. Leach, Trustee: Requests a Special Permit under Section 174-513 of the Zoning By-laws for permission to install a new sign exceeding twenty square feet on property located in an R-5 zoning district at 482 Main Street - Leach Animal Hospital - • (Map 27 Parcel 122) Mashpee, MA. 13