|
MASHPEE ZONING BOARD OF APPEALS
<br />DECISION FOR A MODIFICATION OF SPECIAL PERMIT (SP-2020-14)
<br />Petitioner, Steven P. Hynds
<br />Owner of record: 11 Industrial Drive, LLC
<br />89 Industrial Drive (Map 88 Parcel 27)
<br />Mashpee, MA 02649
<br />SP-2022-52
<br />The Board heard final remarks and made a finding;
<br />• The distance of the building from the rear property line is 90 ft., as opposed to the 50 ft.
<br />requirement.
<br />• The chain link fence with additional plantings on the property line provides enough
<br />screening.
<br />• The Board has allowed outside storage of material in other contractor's yards in an I-1
<br />Zoning District.
<br />• The applicant will consult with the Board of Health for their requirements that were read
<br />into the record.
<br />• The Water Company has a Special Permit to allow for storage of waterworks material.
<br />• The Design Review and Plan Review committee recommendations.
<br />In view of the foregoing, the Board determined the Petitioner met the criteria for a Special Permit.
<br />Upon motion duly made and seconded, the Board voted 5 to 0 in favor at the public hearings on
<br />Wednesday, May 13, 2020, the Zoning Board of Appeals voted to issue a Special Permit to
<br />Steven P. Hynds under §174-24 (C), §174-25 D(1), §174-25 G(6), G(9), G(13) and G(14) of the
<br />Zoning Bylaws to allow for construction of a 9,680 square foot steel building for use as contractor
<br />bays, warehouse, storage, and office space, on property located in an I-1 Zoning District, at 89
<br />Industrial Drive, Map 88 Parcel 27, Mashpee, MA. (Owner of Record: I 1 Industrial Drive, LLC),
<br />On June 6, 2020, abutters John Fish and Susan Fish filed a timely appeal of the Decision in the
<br />Land Court (Land Court Civil Action No. 20 MISC 000209). After settlement discussion among
<br />the parties to said litigation, a Joint Motion for Remand was filed with the Land Court on
<br />September 6, 2022. Said Motion was allowed by the Court on September 19, 2022, thus,
<br />remanding the matter to the Board for further consideration.
<br />Notice of a Hearing Upon Remand was duly given to abutters in accordance with Massachusetts
<br />General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a
<br />newspaper of general circulation in the Town of Mashpee, on October 21, 2022 and October 28,
<br />2022, a copy of which is attached hereto and made a part hereof.
<br />A Public Hearing was held on the remanded Petition at the Mashpee Town Hall on Wednesday,
<br />November 9, 2022, at which time the following members of the Board of Appeals were present
<br />and acting throughout; Chairman, Jonathan Furbush, Vice Chairman, William Blaisdell, Board
<br />Members, Norman J. Gould, Sharon Sangeleer, and George Ganzenmuller.
<br />Attorney MacKoul appeared at the public hearing on behalf of the Applicant Hynds and Attorney
<br />Senie appeared on behalf of the abutters, Fish. Each addressed the Board with respect to the
<br />supplemental conditions to the subject Special Permit stipulated in the course of the Land Court
<br />proceedings and proposed for adoption by the Zoning Board of Appeals.
<br />
|