09/14/2011ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals September 14, 2011 Minutes • controlled by the Commonwealth of Massachusetts, and, as such, the Town of Mashpee By-laws do not apply to the aquaculture grant. Mr. Jonathan Furbush said that he has reviewed all of the documentation and sympathizes with the abutters' concerns. He said that the Board has been asked to render a Decision on an Appeal of the Building Inspector's Determination. He said that the crux of the matter is whether the Building Inspector's jurisdiction includes regulation of land below the mean low water line of tidal bodies of water. He said that this is not a zoning issue, but a matter for the Board of Selectmen who issued the permit allowing for the aquaculture grant. He said that he agrees with the rest of the Board. Mr. Nelson said that the Board has not been charged with determining public safety or welfare. He said that he concurs with the other Board Members and upholds the Building Inspector Determination. He said that, by express language in our By-law, the Building Inspector is the ultimate arbiter of where boundary lines lie and the Building Inspector's Determination is supportable as a matter of law. Mr. Nelson moved that the Board supports the Building Inspector's Determination and his actions regarding this Petition. Mr. Furbush seconded the motion. All voted in favor. (I reminded the Board that their vote should be to Deny or Approve the Appeal). . Mr. Blaisdell made a motion to vote in favor of the Appeal. Mr. Furbush seconded the motion. Mr. Bonvie voted no. Mr. Reiffarth voted no. Mr. Blaisdell voted no. Mr. Furbush voted no. Mr. Nelson voted no. Vote was unanimous to Deny the Appeal. NEW BUSINESS Franey Medical Laboratories, Inc.: Requests a Special Permit under Sections 174- 25.D(2), 174-25.1)(3), and 174-24.C(1) of the Zoning By-laws for permission to construct a medical office, laboratory, and warehouse on property located in an I-1, zoning district at 52 Mercantile Way (Map 88 Parcel 85) Mashpee, MA. Owner of record: The Community Bank. Property under agreement with Petitioner: Franey Medical Laboratories, Inc. Materials submitted: Attorney Kirrane's written presentation. Photos of the property. Stormwater management agreement with Board of Health. ** Sitting: Board Members Robert G. Nelson, Jonathan D. Furbush, William A. Blaisdell, James Reiffarth and Ronald S. Bonvie. Attorney Kevin M. Kirrane represented the Petitioner. Ms. Kathleen M. Franey attended the meeting along with her parents, Robert and Dorothy Mr. Franey. Engineer Matthew Eddy of Baxter -Nye Engineering and Surveying and Construction Supervisor Joao • Junqueira of Capewide Enterprises, LLC also represented the Petitioner.