04/24/2002 ZONING BOARD OF APPEALS Decisions

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Mashpee Zoning Chapman, Cole & Gleason Funeral Homes 2 Board of Appeals SP-02-52 A memo dated May 2, 2002 from the Planning Board regarding the Petition states the following: "The Planning Board unanimously moved to recommend that the Zoning Board of Appeals DENY this Special Permit Modification request. The rationale for this recommendation is that this proposed use is ILLEGAL under the current zoning with the Town of Mashpee. The only circumstance in which the Zoning By-law allows a `caretaker residence' is specifically for self-storage facilities, which are !j allowed in the I-1 Industrial District and prohibited in the C-2 District. The I'j Chapman, Cole & Gleason Funeral Home is located in a C-2 Zoning District. The Board also believes that it would contradict the purposes of the Groundwater Protection District to add the additional wastewater flows to the Turner Road well recharge area that would be associated with creating this new residence.". L it Attorney Mills submitted a copy of the letter dated March 14, 2002 from Cape & !Jill Islands Engineering to the Board of Health regarding the proposal. The letter stated that "the site is within the groundwater Protection Overlay District which limits the allowable j flow on site to 903 gpd(gallons per day) with a standard Title V septic system". The letter confirmed that the existing system can support 599 gpd, which allows for installation of a one-bedroom apartment to the building. The letter concluded with: I "Given the nature of funeral homes it is not anticipated to have a daily flow of 489 gpd". An additional memo dated May 21, 2002 from the Board of Health stated that the soil I �i absorption system, S.A.S., "will accommodate caretaker's quarters (permit issued 10/22/01)." ill � The Conservation Commission has approved the proposal. I j I Attorney Mills declared that because Section 174-25.E.6 of the Zoning By-laws Ili does not describe in detail what may comprise a mortuary, undertaking or funeral establishment, the Zoning Board of Appeals has the authority to determine precisely of I j what such an establishment shall comprise. No comments were received from abutters. j SPECIAL PERMIT CRITERIA Section 174-25.H.6 of the Zoning By-laws states: "Any other uses determined by the Zoning Board of Appeals to be substantially similar in their construction, operation, traffic and environmental impact to other uses allowed as of I r � right or by special permit in a district and which are substantially dissimilar in those I respects from uses prohibited in a district. Where the Zoning Board of Appeals cannot make a clear determination, such uses shall be considered prohibited. No use specifically I listed in the Table of Use Regulations shall be allowed by the Zoning Board of Appeals in any district where it is prohibited. In reviewing an application for determination under this subsection, the procedure applicable for a special permit shall be followed by the applicant and the Zoning Board of Appeals." I 1 I I I