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07/13/2011 ZONING BOARD OF APPEALS Minutes
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07/13/2011 ZONING BOARD OF APPEALS Minutes
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1 MASHPEE ZONING BOARD OF APPEALS <br />MINUTES <br />JULY 13, 2011 <br />commercial construction is driven by the economy and the general business atmosphere, <br />not by the ZBA. <br />Mr. Blaisdell made a motion to grant the Special Permit allowing for the signs exceeding <br />20 square foot each. This is conditioned upon compliance with Beaumont Sign Company <br />plan for First Citizen's Federal Credit Union dated 3/11/11. Ms. Horton seconded the <br />motion. Mr. Nelson voted yes. Mr. Reiffarth voted yes. Mr. Furbush voted yes. Mr. <br />Blaisdell voted yes. Ms. Horton voted yes. Motion passed unanimously. <br />Paul Traeiannopoulos: Requests a Finding of Fact under Section 174-243 of the Zoning <br />By-laws for a determination to allow for a use not specifically listed in Section 174-25 <br />Table of Use Regulations in order 'to provide sandblasting, refinishing and other <br />similar/related services on property located in an R-5 zoning district at 593 Main Street <br />(Map 20 Parcel 2) Mashpee, MA. <br />Sitting: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell and <br />James Reiffarth and Associate Member Ronald S. Bonvie. <br />Attorney Daniel Creedon represented the Petitioner, who also attended the meeting. <br />Attorney Creedon stated that Mr. Tragiannopoulos purchased the property in February <br />2005 for $316,000 and that the Petitioner spent an additional $250,000 in 2007 on <br />improvements to the property. <br />• In 2010, the Board granted the Petitioner a dimensional Variance which would allow for <br />construction of a hobby shop/garage on the property. Attorney Creedon said that the <br />Petitioner claims that the economy has turned the hobby into a business which is his only <br />source of income. The Town has received numerous complaints from neighbors about the <br />sandblasting noise, vibration and pollution over the past several months. The Building <br />Department has issued a Cease and Desist order, the Board of Health has fined the <br />Petitioner and the Town has started legal proceedings against the Petitioner. Attorney <br />Creedon said that he advised his client not to proceed with construction of the garage <br />because of pending litigation by the Town. Construction of the garage was halted, leaving <br />a 7 -inch slab on the ground. The Petitioner wants ZBA approval before he continues with <br />construction of the garage. <br />Attorney Creedon used the argument that the proposal is not out of keeping with the <br />neighborhood because the property is located on Route 130 - a heavily -traveled street with <br />businesses in Commercial and Industrial Districts right across the street. Attorney Creedon <br />asked the Board for a Finding of Fact under Section 174-24.J to allow for the specific use <br />of painting, which includes sandblasting. Section 174-24.J: "Where a use is not <br />specifically listed in the §174-25 Table of Use Regulations, said use may be allowed if a <br />finding is made by the Zoning Board of Appeals that said use may be allowed in a specific <br />district on the basis that it is substantially similar in its construction, operation, traffic and <br />environmental impact to a specific use allowed as of right or by special permit in said <br />• district and it is substantially dissimilar in those respects from any uses prohibited in the <br />district. Where the Zoning Board of Appeals cannot make a clear determination, such uses <br />shall be considered prohibited. No use specifically listed in the Table of Use Regulations <br />
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