06/22/2011 ZONING BOARD OF APPEALS Minutes

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E`µ Town of Mashpee 16 Great �Aeck'ltoad X6rd1 Mashpee, h1lassachusetts 02649 MASHPEE ZONING BOARD OF APPEALS .NNE 22, 2011 MINUTES The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, June 22, 2011 at 7:00 p.m. (Conference Room #3) at the Mashpee Town Hall, 16 Great Neck Road North. Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell and James Reiffarth and Associate Board Members Ronald S. Bonvie and Judith M. Horton were present. Acting Building Commissioner Charles R. Maintanis also attended the meeting. Board Member John M. Dorsey was not present due to serious illness. Chairman Robert G. Nelson opened the meeting at 7:00 p.m. DISCUSSION Timothy M. Kelly: Requests Discussion of Minor Modification to a site plan for an allowed use to allow for a fruit and vegetable stand on property located in a C-1 zoning district at 538 Falmouth Road (Map 74 Parcel 16) Mashpee, MA. • Mr. Timothy M. Kelly informed the Board that he is appearing before the Board at the request of Acting Building Commissioner Charles R. Maintanis. He proposes to use a portion of the subject lot for outdoor sale of fruit and vegetables, an allowed use specified in the 1993 ZBA Special Permit under Section 174-25.F.5 (SP -93-16) granted on March 24, 1993 to Joyce M. Lyons of East Falmouth. Section 174-25.F.5 reads: "Sales places for flowers, garden supplies, agricultural produces partly or wholly outdoors, including commercial greenhouses". Mr. Kelly said that the vegetable stand operated for four years. Mr. Reiffarth confirmed that there was a fruit and vegetable stand on the.property. Mr. Kelly asked for clarification of the ZBA's jurisdiction over this proposal given that he is neither modifying the Special Permit nor changing any structure. Mr. Kelly said that his ultimate goal is to make the proposal a success. Mr. Nelson said that his point of contention is that the 1993 Special Permit was granted to allow the fruit and vegetable stand to operate outside of the Picnic Box Restaurant. The 1993 Special Permit reads: "A Petition was filed by Joyce M. Lyons of East Falmouth, Massachusetts for a Special Permit under Section 174-25.17.5 of the Zoning By-laws for permission to operate a fruit and vegetable stand outside of the Picnic Box Restaurant in a C-1 zoning district at 518, 528 and 538 Falmouth Road (Map 74 Parcel 16) Mashpee, MA". The Special Permit references the entire lot, which includes all of the buildings on the property located at Map 74 Parcel 16. Mr. Kelly said that he will store his produce in a cooler inside Smitty's Ice Cream. Mr. Kelly said that the By-law does not have any square foot definition requiring him to provide parking spaces for his outside operation. Mr. Maintanis agreed and said that he has already consulted about this proposal with Town Planner Thomas Fudala. Parking spaces would only be required if Mr. Kelly planned on using space inside a building. Mr.