01/12/2000 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes—January 12, 2000 2 Board of Appeals The Conservation Commission has approved the proposal. N L'd Mr. Lloyd Gainsboro, a direct abutter at 15 Keel Way, expressed his approval of the #� K project. No other comments were received from abutters. Mr. Regan moved to grant a Variance of 5.24 feet from the pool area(on the northerly z# side of the lot)to the 50-foot setback requirement to the water and wetlands and a Variance of 9 feet from the easterly side of the lot to the property line, subject to criteria 1, 2, 3, 4 and findings 1, 2. Mr. Govoni seconded. All agreed. E. Gerard Keen—Requests an Appeal under Section 174-25.I.6 of the Zoning By-laws to overturn the Building Commissioner's decision and to allow persons to embark and disembark for purposes of seasonal charter fishing trips on property located in an R-3 7 zoning district at 426 Monomoscoy Road (Map 124 Block 51)Mashpee, MA. � Sitting: Edward M. Govoni, James E. Regan III and Robert G.Nelson. r� Attorney Rob Mills represented the applicant and referred to the narrative that he submitted earlier along with a petition signed by over 100 residents of the Town of Mashpee in support of Mr. Keen's propsal. Attorney Mills stated that, in his opinion, Mr. Keen has a right to operate his charter fishing business from his Monomoscoy Road residence. Attorney Mills said that the operation is an "off-premise occupation"pursuant i to 174-25.I.6 of the Zoning By-laws. He said that Mr. Keen has a right to operate from the subject location pursuant to Massachusetts General Law, Chapter 40A, Section 7 that gives grandfathering to certain conditions that occur. The 6-year statute of limitations in M Chapter 40A, Section 7 allows for a use that has been in existence for more than 6 years E' without being cited as a violation to continue. Attorney Mills stated that the Building Commissioner received a complaint regarding Mr. Keen's charter boat fishing operation. The Building Commission issued a letter dated June 1, 1999 to Mr. Keen. The Building Commissioner's determination was that the M operation being conducted in the R-3 zoning district pursuant to 174-25.I.6 of the Zoning t` By-laws is an allowed use. Section 174-25.I.6 allows for a portion of a dwelling to be used for incidental work and storage for an off-premise business. Attorney Mills referred to the list of occupations that includes the phrase "other artisans". Attorney Mills said -that he believes that a fisherman, charter boat captain, is an artisan. He further stated that Mr. Keen's operation does not occur on the land. Although the operation is dependent N' upon the land to launch the boat, the fishing operation occurs off-premises after the boat ►� leaves the dock and the fishing lines are dropped in the water. a The Building Commissioner informed Mr. Keen to follow the correct Plan Review t procedure. Mr. Keen filed the application forms and notified the following appropriate departments and individuals: Board of Health, Town Planner, Conservation ' Commission, Fire Chief, Police Chief, Director of Public Works, Health Agent and the Building Commissioner. Attorney Mills stated that none of the departments objected to Mr. Keen's application. I }