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Mashpee Zoning g Minutes—January 12, 2000 3 <br /> Board of Appeals <br /> After receiving an opinion from Town Counsel, Building Commissioner William F. <br /> N <br /> j Hauck sent a letter dated October 24, 1999 to Mr. Keen. Mr. Hauck ordered Mr. Keen to 1'! <br /> r cease operation of the commercial business from his premises at 426 Monomoscoy Road. , <br /> Attorney Mills referred to the legal opinion obtained by the Board of Selectmen from �Ir, <br /> Town Counsel and stated that the Board of Selectmen has no jurisdiction over the Plan Review application. He said that he respectfully disagrees with Town Counsel's opinion, h' <br /> as stated in a letter dated August 4, 1999, "that the described use is not allowed in the <br /> residential zone in which the property is located". til, <br /> Attorney Mills said that Mr. Keen has conducted his charter boat operation for 12 years, <br /> no more than two or three days a week. Attorney Mills said that fishing is central to Cape <br /> `= Cod and should be encouraged. He further stated that any impact of Mr. Keen's <br /> y� <br /> operation on the neighborhood is minimal and that Mr. Keen has the right to use his boat <br /> n and take people fishing. Attorney Mills said that the fact that Mr. Keen takes money to �! <br /> charter his boat is the only thing that distinguishes sort of uishethis fishing trip. There is <br /> P ,!!4, <br /> sufficient parking and all vehicles are parked off the road and on his premises. Attorney <br /> ;. Mills stated that there is no adverse impact on wildlife habitat, traffic flow or estuary <br /> f A systems as cited in 174-2516 or 174-24 of the Zoning By-laws. + <br /> Attorney Mills identified Mr. and Mrs. Keen, as well as dozens of other people who <br /> attended the meeting, in support of the petition. <br /> Mr. Govoni questioned the reason for the complaint. Mr. Jim Hanks, Secretary and <br /> Treasurer for the Monomoscoy Improvement Trust, stated that the complaint started as a <br /> result of a meeting held in May 1999 regarding commercial fishing operation being done <br /> on Monomoscoy Island. Mr. Hanks said the consensus at that meeting was unanimous in <br /> being opposed to any commercial business being conducted on Monomoscoy Island. Mr. <br /> l <br /> Hanks referred to the letters submitted to the Board of Selectmen and the Town <br /> 4 Administrator by the Monomoscoy Improvement Trust in opposition to Mr. Keen's <br /> operation. M <br /> Mr. Govoni suggested that the By-laws should be revised to eliminate the ambiguity <br /> regarding home businesses. Mr. Govoni expressed concern with disregarding Town <br /> E; Counsel's advice and rendering a decision contrary to its opinion. <br /> i` <br /> k` 1 <br /> Mr. Keen said that although he has been a member of the Monomoscoy Improvement " <br /> `- Trust for many years,he was never informed by any of the Directors that the Trust had a <br /> cause for complaint against his operation. Mr. Keen questioned how many people the <br /> s. <br /> Trust represents in their opposition to his operation. <br /> Mr. Dan Willis of 423 Monomoscoy Road expressed concern that the proposal will have k. <br /> . an adverse impact on the Island. He said that he has no problem with Mr. Keen's <br /> proposal, but would be concerned if the Zoning Board issued an officialpermit allowing <br /> him to operate. Mr. Willis said that Mr. Keen might want to expand his operation into a I <br /> large enterprise. <br /> r' <br /> 1�r <br /> I <br /> }I, <br />