06/22/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS .NNE 22, 2011 MINUTES • Maintanis reiterated that this proposal is for outside sale of produce, which falls under Board of Health jurisdiction. The Board of Health has determined that Mr. Kelly's operation does not fall under Section 103 definition of a Hawker, Peddler, Transient Vendor. Mr. Nelson said that the ZBA should have some say over this operation since the ZBA issued the original Special Permit. He expressed his concern with the poor condition of the road, small parking area and the heavy traffic flow, which he admitted has existed for a long time. Mr. Bonvie agreed and said that there is a "potential for a stacking situation" and that drivers will be utilizing parking spaces normally used by Picnic Box customers. Mr. Blaisdell said that the traffic situation is an issue that should be resolved between the tenants occupying the buildings and the property owner, not Mr. Kelly. Mr. Kelly is not responsible for parking spaces. Mr. Kelly said that he researched the Building and ZBA files and found that no violations had been issued nor any concerns expressed by any Town Departments regarding the sale of produce on the subject property. The Board questioned what was on the original site plan from 1993. Mr. Maintanis said that current site plans address the issue of parking spaces required for the entire property. In response to the traffic issue, Mr. Kelly quoted Section 174-24.C.9(B) and said that he "is not increasing the amount of structures on the property by greater than 5%". Mr. Kelly said that his hours of operation will be 10:00 a.m. to 7:00 p.m. Monday through Friday. He will open at 8:00 a.m. in the morning on the weekends. The stand will be • open until Columbus Day. Mr. Kelly said that Smitty's Ice Cream opens at 1:00 p.m. and his hours of operation are predominately after 7 p.m. The stand will be closed by that time. He stated that the generation of traffic would be harmonious with use and operation of the property by all of the businesses. The fish market opens at 10:00 a.m. Mr. Reiffarth questioned if the fish market has inside seating. Mr. Kelly said that only outside seating of picnic tables is provided. Mr. Kelly said that he has complied with Board of Health, as well as weights and measure requirements. The Board thanked Mr. Kelly for his discussion and wished him success in his endeavors. NEW HEARINGS Desmond M. and Joan H. Kelly: Request a Finding of Fact under Section 174-17 of the Zoning By-laws for permission to construct a screened porch onto an existing home on property located in an R-3 zoning district at 5 Shore Drive (Map 112 Parcel 73) Mashpee, MA. Sitting: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell and James Reiffarth and Associate Member Judith M. Horton. Mr. Desmond M. Kelly represented his Petition and stated that he would like to enclose • his porch. He said that the pie shape of his property restricts location of the dwelling and creates a hardship for the proposal to meet the setback requirements. Mr. Kelly invited his neighbors onto his property and detailed his plans. His neighbors assured him that the proposal does not pose any concerns for any of them. 2