07/13/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MINUTES JULY 13, 2011 • 1, Mr. & Mrs. Mendes, as the property owners and who reside at 587 Main St. Mashpee, MA 02649. It has been brought to our attention that there has been a person that has made some complaints in regards of our immediate and direct neighbor Mr. Paul Tragiannopoulos, property owner and who resides at 593 Main St. Mashpee, MA 02649, about it being too loud from him sandblasting, or a compressor running, or maybe even a little dust. We would.like to both state that we are both home most of the time and that none of Mr. Paul Tragiannpoulos's activities or hobbies in or around his garage or house are NOT bothersome at all once so ever to us in any way shape or form..." Attorney Creedon said that the Petitioner does only two or three jobs a month on the property. Each job takes from one to three weeks. Mr. Furbush said that the Petitioner insisted that he was engaging in a "hobby", which has turned into a full-time business. Mr. Furbush questioned Attorney Creedon if he considered noise pollution as an environmental impact. Attorney Creedon conceded that he does. Mr. Tragiannopoulos said that he works on trucks, trailers, snowplows and automobiles. To Mr. Bonvie's inquiry, Mr. Tragiannopoulos that there is no effluent runoff and that everything is contained. He said that he bulldozes the waste material into a dump truck and the waste is properly disposed of by a SEMASS truck. Mr. Maintanis delivered the following letter dated July 5, 2011 from Glen E. Harrington, Health Agent, Mashpee Board of Health, to Attorney Creedon and the Petitioner prior to the meeting: • "Paul Tragiannopoulos 87 Colonial Drive W. Falmouth, MA 02574 Dear Mr. Tragiannopoulos: Due to a complaint, a follow-up inspection was conducted by the Mashpee Board of Health at the residential property located at 593 Main Street on June 10, 2011. Glen E. Harrington, R.S. performed the inspection to confirm or deny the presence of a nuisance from sandblasting activities on the property. Sandblasting activities were on-going during the inspection. The following violations were noted on the enclosed inspection form: Massachusetts General Laws (M.G.L.) Chapter 111 Section 122, Nuisance — An employee was observed blowing sandblasting waste off of the slab foundation and onto the ground, The occurrence of the sandblasting waste with paint chips deposited on the ground is considered a public health hazard as there is potential for soil and groundwater contamination. Dust and sandblasting waste was observed blowing up into the air, over the fence off of the property onto the abutter's properties. During the inspection, noise levels encountered were high enough where the agent needed ear protection. Previously measured noise levels were considered a nuisance when the • compressor was outside and running at idle (not during actual sandblasting activity). When the agent asked where the compressor was located, you asked the agent to leave the 5