11/10/2010 ZONING BOARD OF APPEALS Minutes

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i MASHPEE ZONING BOARD OF APPEALS November 10, 2010 Minutes • shall make a cause to be made an investigation of facts and an inspection of the premises where such violation is alleged to exist. The Building Inspector, after review and inspection as aforesaid, shall make a determination as to whether or not a violation exists. If the Building Inspector determines that a violation exists, he shall give written notice of such violation to the owner and to the occupant of f such premises and shall demand that such violation be abated within a reasonable time as designated in the written notice. Such notice and demand may be given either in person or by mail addressed to the owner at the address appearing on the most recent assessing records of the town and to the occupant at the address of the premises where the violation has occurred. Attorney Gildea said that the Board should not discuss the Petition and should not act on the Petition given that there is no quorum. Mr. Nelson said that he has the right, as an individual, to ask the Building Commissioner to conduct an investigation of the violation. The Petition was continued to December 8, 2010 to allow the Board an opportunity to receive Town Counsel opinion. NEW HEARINGS James Regan: Pursuant to Chapter 40A Section 15, James Regan Appeals the Zoning B pinion of the Building Commissioner concerning the property located in an R-3 zoning strict at 12 Brookside Circle (Map 108 Parcel 37) Mashpee, MA. Owner of record: arry J. and Laura J. Marsolais. Mr. Nelson stepped down from this Petition. There is no quorum. The Petition was continued to December 8, 2010. Clearwire: Requests a modification of a Special Permit (SP -97-79) under Section 174-45.3(J) to allow for co -location onto the existing wireless communication tower site located in an I-1 zoning district at 154 Industrial Drive (Map 88 Parcel 31) Mashpee, MA. Owner of record: SBA Properties, Inc. Sitting: Board Members Robert G. Nelson, Jonathan Furbush and John M. Dorsey and Associate Board. Member Ronald S. Bonvie. Mr. Eric Kallio Site Acquisition Specialist of Network Building & Consulting, LLC represented the Petitioner. Clearwire is seeking permission to collocate on the existing tower in order to provide wireless broadband service to the town of Mashpee. The proposal calls for installation of three panel antennas along'with six lines on the existing tower. A small equipment box will be installed on the ground. There will be no extension of the tower. Mr. Kallio said that the Cape Cod Commission has:determined that the proposal does not fall under its jurisdiction. 061