04/24/2002 ZONING BOARD OF APPEALS Decisions

Home Browse Search

Town of Mashpee ' MASHPEE ZONING BOARD OF APPEALS 16 Great A •�A,y�AU��rvy Decision to Deny Without Prejudice an A ck �oad JVorth ppe e*ashpee, Massachusetts 02649 of Building Commissioner's Decision RE: Jeremy D. &Amy L. Richards A-02-50 836 Cotuit Road Map 3 Parcel 9 A Petition was filed on March 13, 2002 by Jeremy D. and Amy L. Richards of Mashpee, Massachusetts for an Appeal of the decision of the Building Commissioner to allow for a commercial vehicle to be parked on property located in an R-5 zoning district at 836 Cotuit Road (Map 3 Parcel 9) Mashpee, MA. I' Notice was duly given to abutters in accordance with Massachusetts General L,'I Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise a newspaper of general circulation in the Town of Mashpee, on April 5 and April 12, 2002, a copy of which is attached hereto and made a part hereof. A Public Hearin held Hearing was on the Petition at the Mashpee Town Hall on Wednesday, April 24, 2002, at which time the following members of the Zoning Board of Appeals were present and acting throughout: James E. Regan III, Zella E. Elizenberry and Marshall A. Brem. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A Section 8 and the Town of Mashpee Zoning By-laws. i Attorney William T. Boardman represented the Petitioner, Mr. and Mrs. Richards, who also attended the meeting. Attorney Boardman said that Mr. Richards owns the Peterbilt tractor for which he is seeking permission to park on his property in a residential area. Section 174-25.I.2 of the Zoning By-laws allows for"Not more than one (1) commercial vehicle per lot, not to exceed two (2) tons' capacity". Attorney Boardman challenged that wording of the By-law and stated that the difference in definition between the words `capacity' and `weight' lies in the fact that a tractor does not have capacity - it does not carry anything because it pulls a trailer. He stated that the tractor should be allowed to be parked on the subject property as a matter of right. Building Commissioner Russell W. Wheeler explained that storage of a 6-ton commercial vehicle is not I! customarily incidental to residential use in the Town of Mashpee. The Board referred to I correspondence from Kopelman and Paige stating that"since the truck has both a pulling capacity and a mass or weight that exceeds 2 tons, it is reasonable....to conclude that the truck has a capacity of more than 2 tons" and would not be an accessory use that is ! allowed at the subject property. In view of the foregoing, the Mashpee Zoning Board of Appeals determined that the Petitioner failed to establish the required findings necessary for grant of an Appeal. On April 24, 2002, the Zoning Board of Appeals voted unanimously to uphold the Building Commissioner's mmissioner s decision and voted unanimously to Deny Without Prejudice the request for an Appeal of the Building Commissioner's decision.