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08/09/2000 ZONING BOARD OF APPEALS Minutes
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08/09/2000 ZONING BOARD OF APPEALS Minutes
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�r <br /> Fs <br /> Mashpee Zoning Minutes—August 9, 2000 5 _ <br /> Board of Appeals <br /> Sitting: Edward M. Govoni, James E. Regan III and Richard T. Guerrera. ,.. <br /> Cape& Islands Engineering faxed a request on behalf of the Petitioner for a continuance <br /> of the hearing to allow for Conservation Commission approval. <br /> Mr. Govoni moved to continue the hearing until September 13, 2000. Mr. Regan <br /> seconded. All agreed. <br /> . � r <br /> Earl Cash, Jr.- Requests a Variance from Section 174-25.L2 of the Zoning By-laws for '���/ I► <br /> permission to park more than one commercial vehicle on property located in an R-3 <br /> zoning district at 12 Terry Avenue (Map 71 Block 9)Mashpee,MA. Owner of record: <br /> Marnell Cash. Y. <br /> Sitting: Edward M. Govoni, James E. Regan III and Marshall A. Brem. Ms. Elizenberry <br /> stepped down. 0'Nb <br /> Mr. Cash represented his Petition and stated that he owns Eagle Limousine and Taxis,, +, <br /> Service. The Town By-laws allow only one commercial vehicle to be parked on a <br /> property in a residential area. Mr. Cash is requesting permission from the Board to allow <br /> him to park two commercial vehicles at a time on his property. <br /> Mr. Govoni read the memo from Town Planner F. Thomas Fudala which reads: "While I <br /> can see no major problems with Mr. Cash parking an additional taxi on his property, + '� <br /> where the zoning bylaw prohibits parking more than one commercial vehicle, I cannot r� <br /> see how the Board could legally grant such a variance given the findings required by l <br /> M.G.L. Ch. 40A, Section 10." <br /> Mr. Cash said that he has licenses to operate two taxis and one livery vehicle. One taxi is <br /> parked at the home of one of his employees and the other taxi is parked at Mr. Cash's u <br /> home. He also stated that he takes the vehicles off-site to be serviced. <br /> Building Inspector Wheeler confirmed the By-law that allows for only one commercial <br /> vehicle not to exceed two tons to be parked in a residential area. Mr. Guerrera expressed <br /> concern that it the Board granted the Variance that it would encourage people to store <br /> heavy equipment in residential areas. <br /> Mr. Govoni stated that the By-law does interfere with people trying to run home-based <br /> businesses. He asked Mr. Cash if he would consider renting space to park his taxi and <br /> then could pick it up when he gets a call. Mr. Cash remarked that it would be more <br /> convenient to have his taxi parked on his property since he runs a 24-hour taxi business. <br /> Messrs. Regan, Govoni and Brem all agreed that the By-law does not allow the Board the ' <br /> authority to grant the Variance. �I <br /> Mr. Cash said that he understood the Board's predicament. He asked what the difference <br /> is between parking taxis and"a regular car" in a residential area. Messrs.Brem and <br /> n <br /> f gip' <br />
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