1988 JAN-JUL-ZBA APPEALS - Laserfiche WebLink

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Decision cont'd page 2 had been located in Mashpee and operating since at least as early as the 6 fall of 1975. Issues were addressed by abutters present pertaining to the visual impact and safety issues concerning the.location of the oil trucks on the property. The Board was informed taht the oil trucks were every bit as safe if not safer than the home heating oil tanks contained in each of the abutters' properties. Counsel for the applicant explained that the applicant would, refurbish or replace the existing stockade fence around the property and provide suitable landscaping to minimize any adverse effect on the character of the neighborhood. Upon motion duly made and seconded, the Board of Appeals voted unani- mously on April 27, 1988 to grant the Appeal from the decision of the Building Department upon the following '.'finding of Facts" 1 .) Applicant had been parking his trucks on his property, in front of his property or in front of his property immediately across the street for a continuous time period since the early to mid 1970's 2.) By virtue of Massachusetts General Laws Chapter 40A subsection 7, the parking area and enclosure constructed by applicant has existed for more than 10 years and cannot now be rmeoved and is protected indefinitely by operation of law. 3. ) The Board finds that applicant will improve the character of the parking area and provide adequate landscaping to protect the integrity and character of the surrounding neighborhood. 4.) The Board finds that the deciison of the Building Department-: must be overturned in favor of the applicant. The Board established that the decision of the Building Department was erroneously issued and that the granting of the appeal would be con- sistent with the requirements of the Massachusetts General Laws and the By-Laws for the town of Mashpee.