07/28/2010 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes July 28, 2010 Mr. Blaisdell moved to grant the Finding of Fact with the following findings: • that the alteration shall not be substantially more detrimental than the existing non- conforming structure or use to the neighborhood. • that there is adequate land area to provide sufficient parking and setbacks as may be required. This is conditioned upon compliance with J. Doyle Associates' Plan entitled "Sewage System Upgrade Plan Prepared for Mashpee Baptist Church 27 Great Neck Road North Mashpee, MA. April 28, 2010 Revised May 4, 2010". Mr. Nelson seconded the motion. All were in favor. INFORMAL DISCUSSION Mashpee Fish and Lobster: Requests an informal discussion for permission to relocate a dumpster on property located at 538 Falmouth Road (Map 74 Parcel 16) Mashpee, MA. Mr. Michael McCarthy, owner of Mashpee Fish and Lobster, asked the Board for permission to relocate the dumpster. The dumpster has already been moved to the new area. Mr. Nelson said that the Board of Health allowed Mr. McCarthy to move the dumpster even though earlier this year, the ZBA approved a plan showing the dumpster in a different location. Mr. McCarthy explained that he was under the impression that he only needed permission for the dumpster location from the Board of Health. He said that the current location of the dumpster is an improvement because it is out of sight and is at least 25 feet from the building. Mr. Nelson said that state law requires dumpsters to be located at least 50 feet away from the building. Mr. Nelson suggested that the Board should require the Petitioner to receive approval for relocation of the dumpster from the Board of Health and the Fire Department. The ZBA will also require approval from those two departments in written form. The Petitioner shall also submit a revised plan showing the type of foundation on which the dumpster sits and the exact location of the dumpster on the subject property. The Board instructed the ZBA office to follow up and ensure that a revised plan along with the two Town Department letters in approval of the relocated dumpster is received. Mashpee Housing Authority and Housing Assistance Corporation: Request a Comprehensive Permit under Massachusetts General Laws Chapter 40B to allow for construction of Breezy Acres Phase 11 consisting of ten affordable residential rental housing units within five two-story buildings (eight two-bedroom units and two three-bedroom units) on property located in an R-5 zoning district at 570 Old Barnstable Road (Map 72 Parcel 100) Mashpee, MA. Petitioners are requesting an Extension of the Public Hearing date to August 4, 2010 to allow Petitioners' representatives to be in attendance. Mr. Nelson says that this Extension requires a vote of the Board and in order to do so, it must be established as to who the Board is. He said: "For purposes of this Motion, and this Motion only, let the record show that the five people present here tonight will constitute the Board." Sitting: Board Members Robert G. Nelson, William A. Blaisdell, James Reiffarth and John M. Dorsey and Associate Board Member Ronald S. Bonvie.