05/10/2000 ZONING BOARD OF APPEALS Minutes

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9de1w,P` TOWN OF MASHPEE Minutes—Zoning Board of Appeals Wednesday,May 10,2000 „ The Mashpee Zoning Board of Appeals held a meeting on Wednesday,May 10, 2000, at 4 7:30 P.M. at the Mashpee Town Hall. Board Members present were Chairman Edward M. Govoni, Vice Chairman James E. Regan III, Board Member Robert G.Nelson, Associate Members Frederick R. Borgeson, Richard T. Guerrera and Marshall A. Brem. �- Associate Member Zella E. Elizenberry was not present. Building Commissioner William 4' F. Hauck and Building Inspector Russell W. Wheeler were also in attendance. CONTINUED HEARINGS "A F ` E. Gerard Keen—Requests an Appeal under Section 174-2516 of the Zoning By-laws to a:' 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 *' zoning district at 426 Monomoscoy Road(Map 124 Block 51)Mashpee, MA. Under advisement from January 12, 2000 until May 11, 2000. Sitting: Edward M. Govoni, James E. Regan III and Robert G.Nelson. Attorney Robert Mills represented Dr. Keen's application and stated that the May Town Meeting did not resolve the applicant's dilemma. Attorney Mills said that he stands on his original submittal regarding"grandfathering" because Dr. Keen has been operating, his business for 12 years. Dr. Keen is retired from his medical practice in Connecticut k and now relies on his charter fishing boat operation as his livelihood. dl' Attorney Mills also stated that he has some suggestions on how the matter could be handled and acknowledged that the application poses difficulty for the Board. He , suggested that because the article has been postponed until the October Town Meeting, 1 that the Board could also continue the hearing until after Town Meeting in the anticipation that voters would reach a more favorable decision on Dr. Keen's behalf. Dozens of abutters and residents attended the meeting in favor of Dr. Keen's petition. R , - Christy Fraser, a resident at 302 Monomoscoy Road for two years, stated that she was never aware of any traffic problem or even that Dr. Keen was operating a fishing business in the back of his home. She said that she is in favor of Dr. Keen's fishing business. P Judy Kussela, a direct abutter next door to Dr. Keen, said that she has never experienced � '!R br any parking problems with Dr. Keen. Mr. Jim Hanks, Secretary/Treasurer of the Monomoscoy Improvement Trust, stated that according to the By-laws and as verified by Town Counsel, Dr. Keen is running an 1 r "illegal operation". PAb,Nr _ 7_.,.. .