05/22/2002 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes—May 22, 2002 9 Board of Appeals allowed in the I-1 Industrial District and prohibited in the C-2 District. The Chapman, Cole & Gleason Funeral Home is located in an C-2 Zoning District. The Board also believes that it would contradict the purposes of the Groundwater Protection District to add the additional wastewater flows to the Turner Road well recharge area that would be associated with creating this new residence.". A memo dated May 21, 2002 from the Board of Health stated that the soil absorption system , S.A.S., "will accommodate caretaker's quarters (permit issued 10/22/01)". The Conservation Commission has also approved the proposal. Messrs. Robert F. Mills and David Chapman represented the Petition. Attorney Mills clarified that the term `caretaker's quarters' is a misnomer, since the proposed apartment would actually house an employee of the funeral home. Mr. Govoni remarked that most funeral homes have an apartment for an employee. Mr. Chapman verified that all five of his other funeral homes contain an apartment for an employee and that having an employee on call and living at the funeral home accommodates the needs of the public, day and night. Mr. Brem questioned why the apartment was not included on the original Special Permit, SP-01-29. Mr. Chapman said that the architect was under the impression that there would not be enough space for an apartment on the upper level of the building. However, it was discovered that the building could house an apartment after consulting with a structural engineer. i' Attorney Mills submitted a copy of a letter to the Board of Health dated March 14 2002 from Cape & Islands Engineering regarding the Petition. The letter stated that "the site is j within the groundwater Protection Overlay District which limits the allowable flow on site to 903 gpd with a standard Title V septic system". The letter confirmed that the existing system can support 599 gpd, which allows for installation of a one-bedroom apartment to the building. The letter concluded with: "Given the nature of funeral homes it is not anticipated to have a daily flow of 489 gpd". Mr. Govoni stated that Section 174-25.H.6 of the Zoning By-laws authorizes the Board to allow the proposed modification to the Special Permit. Attorney Mills said that Section 174-25.E.6 does not describe in detail what may comprise a mortuary, undertaking or funeral establishment and that the Board has the authority to determine what such an establishment consists of. He also agreed that Section 174-25.H.6 of the Zoning By-laws authorizes the Board, in its discretion, to allow the use as an integral part of the primary use allowed by plan review or special permit. No comments were received from abutters. Mr. Govoni moved to grant the modification to the Special Permit, SP-01-29, under Section 174.25.H.6 to allow for the addition of an apartment for the use of an employee in connection with the operation of a mortuary, undertaking or funeral establishment on the subject property. Ms. Elizenberry seconded. All agreed. L I