1/11/2017 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Joseph Vittorini,Petitioner, Forty-Six&2 Tattoo Studio Owner of record: VCMAR Mashpee LLC 387 Nathan Ellis Highway (Map 72 Parcel 57A) Mashpee, MA 02649 SP-2017-07 Attorney Gildea said the reason he is presenting this petition to Board is that the definition of tattoo studio is not found in the Zoning Bylaws under §174-25 Table of Uses. He said that tattoo studios are now prevalent in other cities and towns, and are listed in their bylaws as an allowable use. Attorney Gildea was instructed by the Building Inspector to apply with the ZBA because the use was not specifically set forth in the statute.He mentioned that Section 174- 24 (K) specifically allows this use as he quoted from the bylaw stating; "construction, operation, traffic and environmental impact to a specific use allowed as of right or by Special Permit in said district and it is substantially dissimilar in those respects from any uses prohibited in the district." Attorney Gildea also mentioned that the Board could consider this use listed under Section 174-25 E(4)in a C1 District as a"Service Business". The Building Commissioner mentioned that the application may need to go in front of Plan Review if determined by the Attorney that he decides to consider the use for this business under Section 174-25 E (4), and he also mentioned the signage for the building. The Board had a discussion if the application would require a filing with Plan Review because of the "use" is not specifically listed in the bylaws. Ms. Betty Mendes, an abutter that resides at 17 Classic Circle is in opposition of the proposed tattoo studio. Mr. Gould asked the applicant if he could hear his comments, and why he chose to do have his business in Mashpee. Mr.Joe Vittorini approached the Board and said he left Nantucket because he wants to live on Cape Cod. He said that he looked into Mashpee under the recommendation of a friend, and said the space looks like a good fit for him and his son. He mentioned that he has a great clientele. He said he has to follow stringent State guidelines as well as Town guidelines. Mr. Blaisdell commented that he owned a building in Falmouth that had a tattoo studio, and there seemed to be more concern with Board of Health and did not have any issues. Mr.Furbush read the Board of Health comments into the record.Mr.Furbush asked if the applicant would consider a one (1) year permit. The Attorney said that it would not be feasible. 2