07/13/2011 ZONING BOARD OF APPEALS Minutes

Home Browse Search

N L" r � r U� r d � e f a i t ti a r� MASHPEE ZONING BOARD OF APPEALS DECISION DENIAL OF PETITION FOR A FINDING OF FACT FoF-2011-29 Paul Tragiannopoulos Assessor's Map 20 Parcel 2 593 Main Street Registry of Deeds Title Reference: Mashpee, MA 02649 Book: 19496 Page: 144 A Petition was filed on June 17, 2011 by Paul Tragiannopoulos for a Finding of Fact under Section 174-24.J of the Zoning By-laws for a determination to allow for a use not specifically listed in Section 174-25 Table of Use Regulations in order to provide a vehicle/heavy equipment metal refinishing and refurbishing business, including sandblasting, refinishing and other similar/related services on property located in an R-5 Zoning District at 593 Main Street, Mashpee, MA (Map 20 Parcel 2). Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on May 24, and July 1, 2011 a copy of which is attached hereto and made a part hereof. Public Hearings were held on the Petition at the Mashpee Town Hall on July 13, 2011. The following members of the Board were present and acting throughout: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell and James Reiffarth and Associate Member Ronald S. Bonvie. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A, §9 and the Town of Mashpee Zoning By-laws. Attorney Daniel Creedon represented the Petitioner at the meeting. The Petitioner also attended.the meeting. At the hearing, Attorney Creedon asked the Board to make a finding of fact stating that the current use of the property for a vehicle/heavy equipment metal refinishing and refurbishing business is similar to the use permitted under Section 174-25I(6) of the Zoning Bylaw which states, "[t]he use of a portion of a dwelling or accessory building hereto by a resident builder, carpenter, painter, plumber, mason or other artisan or by a resident tree surgeon or land-space gardener for incidental work and storage in connection with his off-premises occupation, provided that there is no external change which alters the residential appearance of the building." FINDINGS: 1. The subject property is located at 593 Main Street and consists of 43,560 square feet of land (hereinafter"Subject Property").