07/13/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MINUTES JULY 13, 2011 • 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 lawsand 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 §174-24.C. or by the Plan Review Committee under the provisions of § 174-24.B., as appropriate." Attorney Creedon said that the Petitioner does not meet all of the requirements but the use is similar to Section 174-25.I(6): "The 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." Attorney Creedon agreed that the compressor and sandblaster are very loud and noise levels have been measured at 85 decibels 200 feet away from the property. He insisted that the low-volume nature of the business does not generate a large volume of traffic on the property, therefore this aspect is similar and consistent with the requirements of Section 174-25.I(6) allowing an "artisan to do a limited, incidental home occupation'. Attorney • Creedon said that the slab contains runoff from the refinishing process. He said that the Petitioner only uses water-based paints and he opined that the business poses no environmental impact on the groundwater. The Petitioner has one-friend/employee who works on an as -needed basis. Attorney Creedon read the following letter dated February 25, 2011 from Camp Farley Executive Director Mike Campbell: "Dear Building Department Officials, At the request of Camp Farley's neighbor, Paul Tragiannopoulos of 593 Main Street, I am writing in support of his efforts to continue working outside his garage until such time as he can complete his plans to build an addition. It is my understanding that plans for this new addition have been approved by the town; its completion is scheduled for sometime this spring; and that the goal of this addition is to enable him to work inside and minimize the noise and dust from his sanding activities. In the meantime, his current work outside his garage does not pose any disruption or nuisance to our office or our related activities. Please do not hesitate to contact me if you have any questions about this letter, or need additional input." The following letter from abutters, Mr. and Mrs. Mendes was also read into the record: • "MASHPEE ZONING BOARD OF APPEALS AS WELL AS MASHPEE BUILDING DEPARTMENT. El