08/10/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OFAPPEALS MINUTES AUGUST 10, 2011 • (Map 72 Parcel 23) Mashpee, MA. Continued, but not heard, from June 22, and July 27, 2011 Public Hearings. Petitioner Requests Withdrawal of Petition. Sitting: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell, James Reiffarth and Ronald S. Bonvie. Mr. Nelson made a motion to accept the Petitioner's request for Withdrawal Without Prejudice of the above -referenced Petitions. Mr. Furbush seconded the motion. Mr. Bonvie voted yes. Mr. Reiffarth voted yes. Mr. Nelson voted yes. Mr. Blaisdell voted yes. Mr. Furbush voted yes. Vote was unanimous. OTHER BUSINESS Affordable Housing of New England v. Town of Mashpee Zoning Board of Appeals: Clarify request for detailed Site Plan and Definitive Plan of Land concerning property located in an R-5 zoning district at 72 — 72A Main Street, Mashpee MA. Attorney Costello said that one of the terms in the settlement agreement was for Mr. White to submit a site plan showing the actual conditions of the site including the location of all buildings, structures, and parking. He said that the site as it exists today is identical to the plan from the late 1980's. The only exception is the dumpster, which has been added to the plan. Attorney Costello said that although Mr. White did not go to the • cost of having a new plan engineered, he feels that Mr. White has met the requirements of the settlement agreement. Mr. White submitted a letter dated August 9, 2011 that reads: CERTIFICATION "I, Peter white, General Partner of Affordable Housing Association of New England, hereby certify that the conditions shown on the plan entitled: "La Plaza del Sol Motor Lodge, Mashpee, MA" dated October 26, 1982, are the same conditions that existed on May 26, 2011. As was already submitted to the ZBA! This parking has been the same for 25 years!!" Mr. Nelson countered that the plan does not show handicap parking. He said that the dumpster is neither sitting on a concrete pad nor is it enclosed. Attorney Costello said that the dumpster issue is under the jurisdiction of the Board of Health. Accept July 20, 2011 Executive Session Minutes Mr. Nelson moved to accept the Minutes. Mr. Furbush seconded the motion. Mrs. Horton voted yes. Mr. Bonvie voted yes. Mr. Reiffarth voted yes. Mr. Blaisdell voted yes. Mr. Furbush voted yes. Mr. Nelson voted yes. Vote was unanimous. Accept July 27, 2011 Minutes • Mr. Nelson moved to accept the Minutes. Mr. Furbush seconded the motion. Mrs. Horton voted yes. Mr. Bonvie voted yes. Mr. Reiffarth voted yes. Mr. Blaisdell voted yes. Mr. Forbush voted yes. Mr. Nelson voted yes. Vote was unanimous. E