9/5/2018 PLANNING BOARD Minutes - Laserfiche WebLink

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stock. Mr. O'Neil suggested that more people were staying longer than the summer season to use their properties. Mr. O'Neil discussed the development of Mashpee's new library, suggesting that the idea of building new and bigger was bad, was misinformation. Mr. Fudala stated his opinion that the Article was a good one, adding that the ZBA had been violating the law at every meeting due to requests for lot size and frontage requirements, which made it necessary to have the new Bylaw in place. The Chair asked for final comments from Board members. Mr. Weeden expressed his concern regarding the protection of historic property. Mr. Weeden indicated that there were a few structures that remained as personal properties. Mr. Bonvie responded that research was typically conducted prior to being considered at the ZBA, should a property fall within an archeologically significant area. Mr. Mendoza responded that there were currently no requirements in town regarding historically registered homes but structures located within the Historic District were first reviewed by the Historic District Commission. Mr. Weeden responded that Mashpee had a town-wide sensitivity assessment with recommendations by PAL for eligible structures, but not on the Register, but Mr. Mendoza responded that it had no legal bearing. Mr. Balzarini highly recommended the Article. It was noted that there would be a public hearing on the issue. Warrant Article 17: Mobile Food Truck-Mr. Mendoza explained that, one year ago, a mobile food truck operator expressed interest in setting up at a particular location. The issue was not currently addressed in the Bylaws. Mr. Mendoza confirmed that the Board of Health would still address the food aspect of the operation. There were no comments from members of the Board, the staff or the public. Mr. Fudala stated that a food truck was a vehicle and, as such, could not be regulated under the Zoning Bylaw and suggested that the Article be withdrawn. Mr. Fudala indicated that a Food Truck Court could be created as a use, but otherwise zoning could not regulate the location of a food truck. Mr. Mendoza responded that the table in the Article dealt with food truck use. Mr. Lehrer suggested that food trucks would follow the traffic, relocating as needed to reach the most customers and inquired what currently precluded them from setting up in a location. Mr. Mendoza referenced the example of the truck being parked at Botelho's which did not list food truck as a use at that location. Mr. Lehrer inquired whether a license could be obtained from the Board of Selectmen but Mr. Mendoza responded that they did not wish to go that route as concern was expressed from the DPW and Police Department, as well as concerns expressed by the Board of Health. Chairman Waygan stated that it was unlikely that the Planning Board would ask the Selectmen to withdraw the Article. Mr. Lehrer further inquired whether food trucks were licensed and Mr. Mendoza inquired what would give him the right to grant the use on the table. The Chair stated that the Planning Board did not object to the Article, wanting only for it to be a legal mechanism, suggesting that Town Counsel review the Article. Warrant Article 18: Continuance,Extension or Alteration-It was Mr. Fudala's opinion that Article 18 should be withdrawn because it would eliminate grandfathering and increase variances. Mr. Fudala stated that the current Bylaws allowed that the rules applied to a home were the rules that were applied when it was built. Mr. Mendoza agreed, stating that the only addition was the second sentence and provided an example of a request to add a deck to the back of a home not meeting the setbacks, but the deck would meet setbacks, --,hich:.could need to be sent to the ZBA for consideration. Mr. 10