07/14/2010 ZONING BOARD OF APPEALS Minutes

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• • • Mashpee Zoning Board of Appeals Minutes July 14, 2010 Mr. Bonvie asked to see the 1983 site plan, which Mr. Stevens retrieved from the Building Department files. Mr. Nelson suggested improving access to the property. Mr. White said that he has incurred thousands of dollars in expense. He said that he has "already spent $15,000 on this process. I'm broke. It's putting me in a severe financial situation." Mr. Nelson said that his internet research revealed that the income on the property brings in less than $500,000 a year and that there are from one to four part-time employees. Mr. White said the revenues are about one-third of that figure after subtracting expenses and mortgages. He said that he lost $20,000 during the first year of his operation and $2,000 in 2009, in addition to the $200,000 he invested to purchase and make improvements to the motel. Mr. White said that he is the full-time staff and acts as maintenance, front desk clerk, reservations clerk, bookkeeper and manager. He said that he employs a few part-time housekeepers and that the whole situation has put him under "severe financial duress". Mr. Nelson referred to the abutter complaints and testimony submitted at the previous hearing regarding pit bulls, stolen items from a neighbor's yard and a drunken trespasser. He said that after analyzing the testimony "person for person and letter for letter, there is very, very little in there that can actually be said that Mr. White and the La Plaza del Sol are responsible for this. In other words, I can discount most of what I saw there. Most of it is `sour grapes' on the part of the public." Mr. Furbush itemized the following areas of concern which the Petitioner should resolve: 1) acquisition of an easement in the back of the property from "OWNERS UNKNOWN". 2) acquisition of a recordable and perpetual easement across 78 Main Street. 3) exact location of the dumpster on the plan showing its exact distance away from the building. 4) obtaining a letter of approval from the Fire Department indicating that the Fire Department has adequate access to the subject property and that the Petitioner has satisfactorily addressed the Fire Department concerns. Mr. Bonvie agreed with Mr. Furbush and said that he could not vote in favor of the Petition without Fire Department approval. Attorney Mills said that the Petitioner would agree to a continuance of the hearing. Mr. Furbush made a motion to continue the hearing until August 11, 2010 to allow the Petitioner an opportunity to address the areas of concern. Mr. Reiffarth seconded the motion. All were in favor. RESCHEDULED HEARINGS Due to failure of the Mashpee Enterprise to properly publish notice in accordance with Massachusetts General Laws Chapter 40A &11, the Mashpee Zoning Board of Appeals is required to reschedule the following July 14, 2010 Petitions to July 28, 2010: