07/27/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MINUTES JULY 27, 2011 • Continued from June 22, 2011 Public Hearings at request of Petitioner. Opened, not heard. Stephen Berish, Trustee: Requests a Variance from Section 174-25.F.7 of the Zoning By-laws to allow.for retail and service donut/pastry shop with accessory drive-thru window on property located in a C -2/R-3 zoning district at 439 Nathan Ellis Highway (Map 72 Parcel 23) Mashpee, MA. Continued from' June 22, 2011 Public Hearings at request of Petitioner. Opened, not heard. Mr. Furbush made a motion to continue the above -referenced Petitions until August 10, 2011. He also said that this will be the final continuance granted by the Board and that the Petitioner must represent the Petitions on August 10, 2011 or the Board will Deny them. Mr. Blaisdell seconded the motion. Mr. Nelson voted yes. Ms. Horton voted yes. Mr. Bonvie voted yes. Mr. Reiffarth voted yes. Mr. Furbush voted yes. Mr. Blaisdell voted yes. Vote was unanimous. OTHER BUSINESS Affordable Housing of New England v. Town of Mashpee Zoning Board of Appeals: Review Site Plan and Definitive Plan of Land received from Town Counsel concerning property located in an R-5 zoning district at 72 — 72A Main Street, Mashpee MA. • The Definitive Plan which is supposed to show the existing parking plan is dated and signed in 2001. No handicap parking spaces are shown. Mr. White has altered an original definitive plan by attaching a sticky note on it. Item 6 of the Settlement Agreement reads: "AHA -NE must provide the existing 1980's parking plan to the Building Inspector, as submitted to the Board of Appeals with current/existing conditions, showing all designated parking spaces and identifying which parking space(2), if any, is associated with any particular unit of the Motel. The "Existing Conditions Plan" is dated October 26, 1982. The Board specified that the Petitioner must submit plans showing the conditions that existed at the time of the settlement. After looking over the submitted plans, the Board voted unanimously to refer this matter back to Town Counsel. The Board is not satisfied with the plans. The Board would like Mr. White to submit certified, registered, stamped engineered plans that show the conditions that exist today. The Board will leave the matter up to Town Counsel to resolve. Accent July 13, 2011 Minutes • Mr. Furbush made a motion to accept the Minutes. Mr. Blaisdell seconded the motion. Mr. Nelson voted yes. Ms. Horton voted yes. Mr. Bonvie voted yes. Mr. 1,