07/13/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MINUTES JULY 13, 2011 is Mr. Keith Mendes, a direct abutter at 587 Main Street, said that he only hears a little "hiss" and is not disturbed by the activities on the property. Ms. Kathleen Pierce, a direct abutter at 575 Main Street, said that she is "fed up" and very unhappy with the noise during the week, on the weekends and all times of night and day. Mr. Robert Allain of 575 Main Street said that he didn't want to take sides, but that the constant noise is aggravating and unrelenting. He said that the Board was deceived and that the Petitioner had plans to establish a business from the start. Mr. Allain said that he was very worried that the residential zone would slowly erode into a business district if the Board agrees to grant this Finding. He said that the Petitioner does not have a haz mat procedure for removal of the hazardous waste and is actually illegally dumping it. He said that the airborne lead dust spreads to the abutters' properties where children are exposed to the hazardous material. Mrs. Lynn Wilson, a direct abutter at 581 Main Street, said that she has lived in Mashpee for over 25 years. She and her husband are looking forward to eventually enjoying their retirement in Mashpee. As tax payers and good citizens, they would like a little peace and quiet. She expressed concern with contamination of their well water and of the air quality with the business on the subject property. She is worried about the children staying at Camp Farley next door. Mrs. Wilson asked: "What about our families? What about our health? What about our quality of life?" She played a tape recording for the Board that she recorded of the sandblasting activity on the subject property from her porch. Mrs. • Wilson's voice could barely be heard over the noise of the sandblasting. Attorney Creedon reiterated that the building will eliminate the noise, dust and vibration issues and that the neighbors would be satisfied. Mr. Reiffarth. expressed his doubt that the building would ever be built considering that the Petitioner has had five months and still has not completed the garage. Mr. Tragiannopoulos said he wants ZBA approval before proceeding with construction of the garage. Mr. Blaisdell said that the ZBA approved the building in December to mitigate problems that neighbors may have had with a hobby, not to mitigate problems that neighbors would have with a business on the property. Mr. Furbush said he feels that the Petitioner came in under false pretenses by calling his activity a "hobby". Mr. Reiffarth said that the Board was hoodwinked. Mr. Nelson stated that this business does not belong in that neighborhood. Mr. Bonvie said that this business is out of control. Mr. Nelson made a motion to grant the Finding of Fact. Mr. Blaisdell seconded the motion. Mr. Furbush voted to Deny. Mr. Bonvie voted to Deny. Mr. Reiffarth voted to Deny. Mr. Nelson voted to Deny. Mr. Blaisdell voted to Deny. Vote was unanimous - motion was denied. OTHER BUSINESS Mashpee Housing Authority and Housing Assistance Corporation: Approve request • for release of balance of funds deposited for ZBA legal consult fees concerning development of Breezy Acres Phase II on property located at 570 Old Barnstable Road (Map 72 Parcel 100) Mashpee, MA. 7