08/11/2010 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MINUTES • AUGUST 11, 2010 Mr. White said that the BSS Design plan dated July 26, 2004 has been approved by the Town on several occasions, which the Board should accept. Mr. Nelson said that the plan shows the septic design and does not prove ownership. Mr. Nelson tried to explain to Mr. White that the property deed gives him the right to access property that he owns (Lot 5), not property that someone else owns. The Board and Mr. White discussed at length the definition of the terms `primarily transient in nature' and number of occupants versus number of nights, the fact that the four issues had not been resolved, and the absence of a stamped engineered plan. Mr. Nelson read a. letter from Mr. White to Town officials requesting the following statement from them on behalf of the Town: "The La Plaza Del Sol Motel is permitted to operate ona year-round basis. The Motel may provide extended stays and temporary lodging for seasonal employees and other local residents. There are no limits to the length of stays for Motel guests." The Board of Health Agent, the Building Inspector and the Town Planner refused to provide that statement for Mr. White. Fire Chief George Baker addressed the Board and referenced the State Law 527 C.M.R. • 25, the Fire Prevention Regulations for Access and Egress and Ingress for Fire Departments. He said: "For buildings of habitable occupancy, each building built for residential occupancy after the approval of 527 C.M.R. 25 shall have a suitable paved access for Fire apparatus on at, least. one side of the structure." Chief Baker said that the front access is not paved, that it is 157 feet away and is obstructed by a pool. He said that this is not suitable access. The fire hose lines come in 150 -foot pre -connected sections. Answering a call would require the small on -duty crew of the rural I4lashpee Fire Department to use special equipment to attach adapters, disconnect the attack hose lines and reconnect them — all of which takes valuable time while a structure is burning. Chief Baker said Fire Department access to the motel across an abutting neighbor's yard is not guaranteed. That access can change quickly and without recourse for the Town. Chief Baker said that the attack pumper could access the property during a snowstorm, but would have a great deal of difficulty exiting afterwards. The access provided is only 18 feet wide and does not fit the standard of a road. Chief Baker said that it is impossible to get a Fire truck into that area without scraping the side mirrors and the side of the truck. He said that the truck doesn't fit and the Fire Department does not have access. Chief Baker suggested that the Board could designate the units that are within 150 feet of the hose line as the. extended -stay units. He said: "We know that fires are created by three things. Men, women and children and the stuff they bring with them. So, ... as you • set up long-term living, you bring with you microwave ovens, floor heaters, TV sets, extension cords" and all the other things that increase the risk.