05/12/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes 1 May 12, 2004 TOWN OF MASHPEE Zoning Board of Appeals Minutes - Wednesday, May 12, 2004 The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, May 12, 2004 at 7:00 P.M. at the Mashpee Town Hall. Board Members James Regan, Robert Nelson and Zella Elizenberry were present along with Associate Members Richard Guerrera and Marshall Brem. Associate Member Frederick Borgeson was absent. Chairman James Regan brought the meeting to order at 7:05 p.m. Fire Chief George Baker is present to speak to the Board regarding the enforcement of a rule regarding commercial fire alarms that must be installed in newly permitted accessory structure apartments. Chief Baker informs the Board that since 1981 this as been in the by-laws and is requesting that full enforcement be executed by the Building Inspector and the Board of Appeals to be sure this is required in the decision.. Having a person not related to the owner who resides in the main dwelling constitutes a 2 family dwelling thereby necessitating the commercial fire alarm monitoring system to be installed. The Board and Mr. Baker discuss this requirement and thank him for his time. Robert Nelson reads the last minute continuations into the record. Attorney Kevin Kirrane asks the Board if he may address them regarding a procedural problem with the Design Review Committee. Mr. Kirrane informs the Board that due to the infrequency of the meetings of this committee, it presents a big problem for people trying to obtain authorization for this committee in order to get in front of the Board of Appeals. He is currently scheduled to be before this Board May 26°i and the Design Review does not meet until May 27`h 11. He may come to the Board anyway. Mr. Nelson mentions that there are still some outstanding issues regarding Dry Harbor Enterprises— Mr. Kirrane would like to know if the board will hear him without a decision from the Design Review—the Board will think about it and let him know. Volta Oil Co: Requests a Special Permit from Sections 174-14, 174-20, 174-24(c), and 174-25 E (1) and (2) of the Zoning By-laws for use as Gasoline/Retail Sales Convenience Store/Eating Place and Service of Food and Beverages on property located in a C-2 zoning district at 414 Nathan Ellis Highway (Route 15 1) (Map 72 Parcel 85) Mashpee, MA. Owner of Record: Holly Tree Nominee Trust, Susan J. Musto, Trustee Sitting: James Regan, Robert Nelson and Richard Guerrera (due to Rule of Necessity) since Mr. Borgeson stepped down from the hearing.