07/13/2011 ZONING BOARD OF APPEALS Minutes

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I a, MASHPEE ZONING BOARD OF APPEALS MINUTES JULY 13, 2011 • property. The noisc level at the time of inspection is considered a nuisance according to M.G.L. Chapter 111 Section 122. On June 28, 2011, Veronica Warden of the Mashpee Board of Health responded to another complaint due to the noise from the sandblasting operation. Ms. Warden utilized an Extech Instruments Digital Sound Level Motor Model 407736. The sound meter registered 85 decibels when the compressor was running during a sandblasting activity. The measurement was taken approximately 200 feet from where the sandblasting was occurring. This noise level is considered a nuisance according to M.G.L. Chapter 111 Section 122. The inspection form is enclosed for your review. Therefore, as a nuisance was observed on the property, you are hereby fined $500.00 in accordance with M.G.L. Chapter 111 Sections 122 and 123. Each day's non-compliance is considered a separate offense. Also, the activity at 593 Main Street is considered a `noisome trade' in accordance with M.G.L. Chapter 111 Section 143. You are hereby prohibited from exercising a noisome trade within 24 hours from receipt of this notice. Failure to comply shall result in fines of not less than $50.00 and not more than $500.00. Each day's non-compliance is considered a separate offense. You have the right to appeal to a court of competent jurisdiction. • If you have any questions or comments, please do not hesitate to contact our office at the above number." The Board Members questioned the Petitioner about his place of residence. Mr. Tragiannopoulos said that his tenants moved out and he has resided at 593 Main Street for the last 5 months. Mr. Nelson said that the Town Clerk does not have the Petitioner listed as residing at 593 Main Street. Mr. Tragiannopoulos said that he also owns property in Florida and Puerto Rico and doesn't see why he needs to register with the Town Clerk. The Board was referencing the Attorney's argument that this could be considered a home occupation by an artisan under Section 174-25.I(6). Mr. Nelson. referred to a memo dated April 27, 2011 from Richard Stevens to Town Counsel with a list of dates when Mr. Stevens observed the un -allowed activity (running a business in -a residential zone) on the subject property. Mr. Nelson asked about the status of the court case of Town of Mashpee v. Paul Tragiannopoulos. Attorney Creedon said that the court case has been served and that it is in the process of discovery. Mr. Nelson asked for comments from those in attendance. Mr. Thomas Wilson, a direct abutter at 581 Main Street said that he has been opposed to the operation of this business on the property since the beginning. He stated that the noise from all of the activity is unbearable from his porch. Mr. Wilson said that the Petitioner advertises his services • under the business name `Industrial Finishes' on the web. C