07/13/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Paul Tragiannopoulos 593 Main Street Mashpee,MA 02649 Finding of Fact: FoF-2011-29 delivery and removal of large vehicles and heavy commercial and industrial equipment to the Subject Property. Such large vehicles and heavy commercial and industrial equipment would not otherwise typically be found within an R-5 Zoning District. 11. The refinishing and refurbishing of vehicles and heavy equipment is prohibited by the Mashpee Zoning Bylaws in an R-5 Residential Zoning District. 12. The Town of Mashpee Zoning Bylaws Section 174-25.H(1) prohibits, "any trade, industry or other use that is noxious, offensive or hazardous by reason of vibration or noise or the emission of odors, dust, gas, fumes, smoke, cinders, flashing of excessively bright light, refuse matter or electromagnetic radiations" in an R-5 Residential Zoning District. 13. The current use of the property as a vehicle/heavy equipment metal refinishing and refurbishing business is a trade, industry or other use that is noxious, offensive or hazardous by reason of vibration or noise or the emission of odors, dust, gas, fumes and smoke. 14. Over the past several months, the Town has received numerous complaints from neighbors of the Subject Property about the sandblasting noise, vibration and pollution coming from the property as a result of the activities conducted thereon. DECISION: The provisions of the Town of Mashpee Zoning Bylaws Section 174-24J state, "Where a use is not specifically listed in the§174-25 Table of Use Regulations,said use may be allowed if a finding is made by the Zoning Board of Appeals that said use may be allowed in a specific district on the basis that it is substantially similar in its construction, operation, traffic and environmental impact to a specific use allowed as of right or by special permit in said district and it is substantially dissimilar in those respects from any uses prohibited in the district. Where the Zoning Board of Appeals cannot make a clear determination, such uses shall be considered prohibited. No use specifically listed in the Table of Use Regulations shall be allowed by the Zoning Board of Appeals in any district where it is prohibited. In reviewing an application for a finding under this subsection, the procedure applicable for a special permit shall be followed by the applicant and the Zoning Board of Appeals, although the finding itself shall not constitute a special permit as defined by the general laws and this by-law. Where the use to which the Board determines the proposed use is similar requires a special permit or approval under the Plan Review process, any development including said use shall then require approval from the board specified under the provisions of §174-24C or by the Plan Review Committee under the provisions of §174-24B, as appropriate." 3