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03/14/2001 ZONING BOARD OF APPEALS Decisions
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03/14/2001 ZONING BOARD OF APPEALS Decisions
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pr 03 01 43a P• 2 <br /> Mashpee Zoning Minutes—March 28,2001 <br /> Board of Appeals 4 <br /> I <br /> B 11 Attorney Moynihan said that the Petitioner is seeking a Special Permit under several <br /> Sections of the Zoning By-laws,including Section 174-25.H.6 for"uses similar in r <br /> impact"since the contractor's yard use is not specifically enumerated in the By-laws. <br /> Uses similar in impact allowed by the Zoning By-laws include plumbing,electrical, or <br /> carpentry,trucking terminals,wholesale business and storage. <br /> Attorne Moynihan sub <br /> Y 3m miffed photos of the Petitioners 6-acre business on Crocker Road <br /> in Falmouth,which has been operating since 1920's. <br /> The site consists of 8 acres that <br /> closely abuts residential areas. The photos reveal an attractive and meticulouslygroomed <br /> business site. <br /> Several neighbors submitted letters in favor of the proposal and stated that Mr. Tavares j <br /> has"set the benchmark on how to run a busy operation in a residential neighborhood" <br /> and that he is an"excellent neighbor"with reasonable hours of operation. <br /> Mr.Paul Iwaszko, an abutter, expressed concern with potential noise from employees and <br /> heavy equipment being operated in the earlymoming hours. He stated that he has been <br /> disturbed by noise from the Industrial Park as early as 4 A.M. Mr.Tavares said that his <br /> hours of operation would be from 7 A.M. to 5:30 P.M. <br /> i <br /> Attorney Moynihan stated that she was not aware of any restrictions in the By-laws as to <br /> hours of operation. Building Commissioner Russell Wheeler confirmed that the By-laws <br /> do not specify any set hours of operation that the proposal and similar businesses must <br /> abide by. However,Attorney Moynihan assured Mr.Iwaszko that Mr. Tavares would not <br /> operate any earlier than 6:45 A.M. and would not operate prate any Later than 6:00 P.M. <br /> Mr.Borgeson moved to grant the Special Permit,subject to the following: <br /> J g <br /> • hours of operation would be from 7 A.M. to 6 P.M. <br /> a no large equipment would be allowed on the site. <br /> • the Petitioner shall post a$5,000 landscaping bond. <br /> Mr.Marshall seconded. All agreed. <br /> CONTMTED HEARINGS <br /> i <br /> Mark&Susana Ir Gorstein—Request an Appeal of the Building Commissioner's <br /> Decision to issue a building permit to Frederick R and Lois S. Glass to allow for <br /> construction of a single-family home on property located in an R-3 zoning district <br /> at 133 Tide Run(Map 120 Block 180)Mashpee,MA. <br /> Sitting: James E.Regan III,Richard T.Guerrera and Frederick R.Borgeson. <br /> Attorney Jennifer S.D.Roberts represented the Petition and stated that she has replaced <br /> Attorney Henchy as the Petitioner's legal counsel. The Building Commissioner's <br /> determined in December 2000 to grant a Building Permit to Mr. and Mrs. Glass. The <br /> Building permit was issued in February 2001. Attorney Roberts submitted to the ZBA an <br />
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