07/14/2010 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes July 14, 2010 • I hope this answers the questions posed." Thank you Sheldon C. Hamblin Deputy Fire Chief Mashpee Fire and Rescue 20 Frank Hicks Drive Mashpee, MA 02649 Mr. Nelson said that good public access for emergency vehicles to the subject property does not exist at the moment. Attorney Mills repeated that there is better public safety access than what existed previously. Mr. Nelson said that it is obvious that the Fire Department is still not satisfied with the situation. Mr. Nelson said the location of the dumpster is not shown on the submitted plan. He asked if the dumpster is 50 feet away from the building, per the code. Mr. White said that this question was raised at the last meeting and he still doesn't know. Mr. Furbush asked Mr. White to draw a sketch on the plan of the approximate location of the dumpster. Mr. White said that the dumpster is on his property. He also said4hat there is room for a full-size plow to maneuver between the dumpster and the retaining wall and, in his opinion, an ambulance could fit through that area. Mr. Furbush said that the Board requires that sort of statement in writing from the Fire Department. • Mr. Nelson noticed that the plan does not show any handicap parking spaces. Mr. White claimed that "According to the American for Disabilities Act, small motels of our size don't have to comply to those and we don't have any handicap -accessible units at La Plaza del Sol." He said that: "We're too small to be part of the ADA requirements, so we're not required to have handicap units or parking." Building Commissioner Richard Stevens said that Mr. White is correct because it is a pre-existing motel. Attorney Mills said that, under current zoning, 1.5 parking spaces per unit is required. Mr. Furbush said that the Petitioner is asking for a change of use. Mr. Nelson said that if the Board did grant the change of use, it could require the units to have sprinkler systems. Attorney Mills said that the Petitioner does not want a change of use, but a Finding of Fact. He said that the change of use to a lodging house was requested ten years ago by New Seabury to house its employees at the motel. Mr. Nelson reiterated his concerns with health and safety and said that: "These people are entitled to the same rights as everybody else is and I'm not completely satisfied that public safety is being served for these people at the present time." Mr. White said that the people staying at the motel for over 30 days are just as safe as the people staying there under 30 days. Mr. Bonvie said that there is an increase of the possibility of fire hazard with increased use of microwaves and ovens by people staying for longer than 30 days. He said that the Board needs to protect everyone staying at the motel.