08/10/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OFAPPEALS MINUTES AUGUST 10, 2011 • Indians are going to be receiving a large amount of oysters, contaminated oysters, that are going to be brought into Popponesset Bay where their project currently is. And the purpose of it is to clean the oysters. Anybody aware of this refreshment project and how does that play into Mr. Cook's project?" She said that the commercial operations will eliminate her ability to kayak, jet ski and tubing. Mr. Sandler agreed and said that someone is eventually going to be seriously injured or killed. Mr. Nelson said that Popponesset Bay is large enough for several of these operations and does not see how the proposal would keep Mrs. Caffyn and her family from enjoying their water activities. Mr. Alfred White of 2 Cross Tree Way asked the Board why they are discussing J urisdiction when the proposal benefits only one person. He said the proposal is mean- spirited and will damage the beauty of the area. Mr. Furbush said that the Board is discussing jurisdiction because it has been charged with deliberating on something different than what the Board of Selectmen were charged with and what the Conservation Commission was charged with. Mr. Furbush also said that he appreciates the safety concems raised, but reiterated that the Board's focus is whether to uphold or overturn the Building Commissioner's determination. Attomey Wall said that Mr. Cook is the Petitioner, but the licenses are transferable. • After a brief discussion with the rest of the Board, Mr. Nelson moved to close the hearing to public testimony. Mr. Blaisdell seconded the motion. Mr. Furbush voted yes. Mr. Reiffarth voted yes. Mr. Bonvie voted yes. Mr. Nelson voted yes. Mr. Blaisdell voted yes. Vote was unanimous. In order to allow the Board to review all of the testimony, Mr. Blaisdell made a motion to continue the hearing until September 14, 2011. Mr. Furbush seconded the motion. Mr. Nelson voted yes. Mr. Reiffarth voted yes. Mr. Bonvie voted yes. Mr. Blaisdell voted yes. Mr. Furbush voted yes. Vote was unanimous. CONTINUED HEARINGS Stephen Berish, Trustee: Requests a Finding under Section 174-24.J and a Special Permit/Modification under Section 174-25.E(2) 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, 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. • Stephen Berish, Trustee: Requests a Variance from Section 174-251.7 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 7