07/14/2010 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes July 14, 2010 • Cynthia, Chief Baker is out of town this week. I was reviewing this file to close it but, and came across this email. In view of the fact that Chief Baker feels that there is no legal right of way through the adjacent property, and he is not available for discussion, I would ask that the Board of Appeals, not grant Mr. White this variance until Chief Baker returns from his vacation. I should have sent this to you earlier, sorry." Attorney Mills clarified that the Petitioner is not looking for a Variance. Mr. Nelson asked what would happen if the Fire and Police needed access to the motel during a snowstorm in the winter. Mr. Furbush agreed and asked what provisions have been made to plow the driveways during the winter. Mr. White said that he resides on site and ensures access to the motel as a health and safety priority. He said that he is responsible for maintaining the driveway and the right of way. Mr. White said that he plows the motel property and 78 Main Street. Mr. Nelson said that the permission granted by the Nivaas Corporation would be eliminated as soon as the property at 78 Main Street changes ownership; at which point the motel would be out of business. He said that the Petitioner is asking for permission to travel over a parcel of land that is uncertain without a recordable permanent easement. Mr. Nelson said that the Board is looking for an easement and not a gentleman's agreement, which is inadequate. • Mr. Dorsey asked if the Board needed to postpone the hearing until Chief Baker has a chance to reply. Mr. Nelson said that it wouldn't be necessary since Chief Baker has already issued his assessment of the situation. Mr. Nelson said that even the ambulance can't access the property by the swimming pool area. Mr. White supposed that if a tower truck can gain access, the ambulance should be able to access the property. Mr. Nelson said that the tower truck cannot access the property through the only legal entrance. Attorney Mills said that he could attempt to obtain a recordable easement from the owner of 78 Main Street, which would only be in effect for as long as Nivaas Corporation owns that property. Attorney Mills said that the Petitioner could return to the Board in the event that 78 Main Street is sold and the subsequent owner does not grant an easement to the Petitioner. Mr. Nelson referenced the last paragraph of the 10:47 a.m. July 13, 2010 email from Sheldon Hamblin to the ZBA office, which reads: "In answer to the board's original question, "does the fire department have access", the direct answer is: we can position an engine to the rear of the motel, if no one is parked in the neighbors' driveway. We cannot drive down on the motel property, it just does not provide the width we need to maneuver an engine or even an ambulance down directly beside the office. With care we can enter the parking lot of the upper level, but this is very tight, and again the tower will not make it.