06/09/2010 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Affordable Housing Association of New England 66-72 Main Street Mashpee,MA 02649 SP-10-21 JI DECISION: In view of the findings set forth above, the Zoning Board of Appeals determined that the requested extension of the existing,non-conforming use is substantially more detrimental to the neighborhood than the existing,non- conforming use. In addition, the Board finds that after review of the documents submitted by the Petitioner, it cannot determine whether or not there is adequate parking to accommodate the extended use of the Subject Property. The lack of emergency vehicle access to a large portion of the Subject Property is a public safety hazard which would increase if people were permitted to reside at the property for extended periods of time as requested in the Petition. This is a particular concern to the Board because the proposed long-term units are located in the area of the Subject Property which is inaccessible to the Town's fire truck and fire equipment. In addition, the proposed long-term occupancy units are not equipped with the necessary facilities, such as kitchen appliances,bedrooms, and the like, to accommodate long-term living situations. This lack of necessary facilities creates a health and safety hazard for the occupants of the motel and the surrounding neighborhood. Further, the addition of long-term guests at the motel will increase the noise and other similar disturbances in a neighborhood which is now zoned residential. This is of concern to the abutters and the Board as this would be detrimental to the neighborhood. Finally, the Board was unable to determine if there was adequate land area for parking on the Subject Property as a stamped, engineer's plan was never submitted by the Petitioner. All of these issues indicate that allowing the requested extension of the existing, non-conforming use will be more detrimental to the neighborhood than the existing, non-conforming use. In addition, nothing was submitted by the Petitioner to indicate that there was adequate land area to provide sufficient parking for the extended use. Finally, the lack of access to the Subject Property for emergency vehicles indicates to the Board that there is not adequate land area to provide sufficient setbacks. Upon motion duly made and seconded, the Zoning Board of Appeals voted unanimously on August 11, 2010 to Deny the requested Finding of Fact. 3