12/11/2002 ZONING BOARD OF APPEALS Minutes

Home Browse Search

Mashpee Zoning Board of Appeals Minutes December 11, 2002 2 Mr. Rosenberg represents himself at this hearing. He is requesting a.Variance to install a carport on his driveway. His wife is ill and this is the only spot they can install this carport on their driveway. No one has any objections to this project. Mr. Regan abstains from voting on this. He feels this is practically right on the street. Mr. Govoni is requiring an as-built from Mr. Rosenberg as soon as the project is done. The Board moves to grant a 37 foot Variance on Pontiac Road. Motion is seconded. So moved. Criteria#2, 3, 4 and 4 and 3 from second section. Mashpee Auto and Truck Repair: Requests a Variance from Sections 174-25 F. (3), 174-25 F. (2) and 174-25 F. (5) of the Zoning By-laws to amend the use of the business on property located in an I-1 zoning district at 53 Bowdoin Road (aka 25 Bowdoin Road) (Map 62 Parcel 78) Mashpee, MA. Owner of Record: Ann L. Burridge. Sitting: Edward Govoni, James Regan and Robert Nelson. Attorney Richard Terry represents the potential buyer Cheryl Fowler and Michael DePhillipi. In 1976 the Board approved a Variance to allow a building supply company for wholesale/retail to exist at this address. Mr. Terry wants to update this permit and feels it is still ok. The hardship involved in the request is a 21E matter with soil contamination. Massachusetts Development has been contacted and is interested in loaning money for this clean up matter. However, they want an indication that this Variance will be approved before any money can be loaned out. The current owner wants to sell this property immediately before the end of the year and the potential buyers have been doing business in this building for 30 plus years. It is an industrial zoned building with an commercial/retail currently doing business there and this is obviously problematic. Mr. Terry informs the Board that no one wants to purchase this building with a 21 E problem, which can cost $30,000 and up to clean up. The law states that the buyer as well as the seller is equally responsible for clean up. The current purchase and sale agreement states that the buyer will be responsible for this clean up in this particular matter. An automotive repair air shop was in the � building since 197 p p g 6. Mr. Terry informs the Board that there is a serious 21 E problem with soil contamination that must be dealt with at some point and time or it will just get worse. Mr. Govoni informs Mr. Terry that the I Board has no authority to give use variances. Mr. Regan asks to see the Purchase and Sale Agreement. He mentions to Mr. Terry that this has a date of March on it and why hasn't this been brought to the Board's attention before now. It is not the Board's problem that the seller wants to get rid of the property by the end of the year. Mr. j Govoni informs Mr. Terry that this must wait until the Town Meeting in May for zoning changes. There is much discussion back and forth between the Board, Mr. Terry and Mr. DePhillip regarding the use of this property. Mr. Regan asks Mr. DePhillip is he is licensed in any way. He says that he is. Mr. Govoni reads a memo from the Board of Health, which has several problems with this property. Veronica Warden, Health Agent, discusses the various problems the Board of Health has with this property. The Board moves to continue this matter until May 28th, 2003 at the Town Meeting. All agree. So moved. I I