MASHPEE ZONING BOARD OF APPEALS
MINUTES
April 14, 2010
The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, April 14, 2010, at the Mashpee Town Hall. Board Members Robert G. Nelson, Jonathan Furbush, James Reiffarth, William Blaisdell, John Dorsey and Associate Members Peter Hinden and Ronald S. Bonvie were present.
Mr. Nelson opened the meeting at 7:00 p.m.
INFORMAL DISCUSSION
Kevin M. Kirrane: Informal discussion of proposed Modification to a Special Permit (SP-09-18) 8 Chart Way, Mashpee, MA.
Attorney Kevin M. Kirrane represented the Petitioner, Shane T. Caiazzo, who was also in attendance at the meeting. Attorney Kirrane referred to the Special Permit granted by the Board in 2009 allowing the Petitioner to demolish an existing building and rebuild a new home on the subject property. The pool on the original plan approved by the Board was located in such a way that anyone exiting the house would walk right into the pool. Attorney Kirrane said that the Petitioner would like to make a minor modification to the Special Permit SP-09-18 to allow for slight relocation of the pool. The proposed new location of the pool is actually farther away from the wetlands than the previous location. Attorney Kirrane submitted the new plan and asked if the Board would agree to accept the new plan as part of the
record in order to allow the Petitioner to continue construction.
Mr. Nelson said that he met with Building Inspector Richard Stevens on Monday, April 12, 2010. The Conservation Commission has approved the new plan. Mr. Nelson said that he and Mr. Stevens agreed that it would be appropriate for the ZBA Chairman to note the minor revision on the plan and then initial it. Mr. Nelson asked for comments from the other Board members. Mr. Dorsey said that he had no problem with the proposal and that it was an improvement on the setback to the wetlands. The other Board members also agreed.
NEW PETITIONS
James Shalek: Requests a six-month extension of Variance V-09-23 on property located in an R-3 zoning district at 127 Popponesset Island Road (Map 112 Parcel 18) Mashpee, MA.
Attorney Kevin Kirrane represented the Petitioner, James Shalek, who also attended the meeting. Attorney Kirrane said that the request for an Extension of the above-referenced Variance is due to unfavorable economic conditions that made it difficult for the Petitioner to move forward with his project. The Petitioner expects to start construction in the very near future.
Mr. Reiffarth moved to grant a six-month extension of the Variance V-09-23 on property located at 127 Popponesset Island Road. Mr. Blaisdell seconded the motion. All were in favor. Mr. Nelson made clear that the Board will only grant one (1) six-month Extension on this Petition.
Willowbend Country Club, Inc.: Requests a six-month Extension of Variance V-09-07 on property located in an R-3 zoning district at 19 Simons Road (Map 69 Parcel 183-A) Mashpee, MA.
Willowbend Country Club, Inc.: Requests a six-month Extension of Variance V-09-08 on property located in an R-3 zoning district at 25 Simons Road (Map 62 Parcel 170) Mashpee, MA.
Willowbend Country Club, Inc.: Requests a six-month Extension of Variance V-09-09 on property located in an R-3 zoning district at 31 Simons Road (Map 62 Parcel 169) Mashpee, MA.
Willowbend Country Club, Inc.: Requests a six-month Extension of Variance V-09-10 on property located in an R-3 zoning district at 4 Fin Me Oot (Map 62 Parcel 171) Mashpee, MA.
Mr. Furbush read the Petitions into the record. Attorney Jack McElhinney represented the Petitioner and said that the above-referenced parcels are adjacent to one another. The Variance relief granted by the Board was for a height variance. He said that because of the current economic conditions, the Petitioner was unable to proceed with the project. Attorney McElhinney said that the Petitioner intends to start construction in the fall of the year.
Mr. Nelson asked for comments from the Board and from the abutters. No comments were received.
Mr. Reiffarth moved to grant six-month extensions on the four above-referenced Variances. Mr. Nelson seconded the motion. All were in favor.
INFORMAL DISCUSSION
Lisa McAdams: Informal discussion of her proposal to establish a dog day care on property located in an I-1 zoning district at 68A Nicoletta’s Way (Map 26 Parcel 19A) Mashpee, MA.
Mr. Nelson said that the Town Planner discovered that Section 174-25.E.7 had been mistakenly removed from the Zoning By-laws. It reads: “Veterinary establishment, Commercial Boarding or Training kennel, Commercial Breeder kennel, Domestic Charitable Corporation kennel, Veterinary kennel, animal day care or similar establishment, provided that animals are housed wholly indoors, except for exercise runs or yards approved by the special permit granting authority.”
Mr. Nelson acknowledged Ms. Lisa McAdams of 8 Ships Lantern Way, Mashpee, MA. She addressed the Board with her proposal to establish a dog day care at 68A Nicoletta’s Way. Ms. McAdams said that she has talked with the owner of the subject property for his permission to lease the subject building. She said that she has successfully managed a dog day care in Hyannis for many years. The proposal calls for the dogs to participate in indoor and outdoor activities. Mr. Furbush asked how the property was zoned. Mr. Nelson confirmed that it is in an industrial zone, which allows for this sort of business. Mr. Bonvie asked if the animals would be allowed to go in and out at will. Mr. Nelson asked where the exercise yard or run would be installed. He told Ms. McAdams that she would have to submit a
plan showing the exact location of the proposed fencing and yard run. Mr. Furbush asked how many parking spaces are provided. Mr. Nelson said that the owner already has a Special Permit that calls for compliance with the required number of parking spaces. Mr. Bonvie questioned how many dogs would be boarded at one time. Mr. Furbush asked if the animals would be boarded overnight. Ms. McAdams said that she would like to start with 30 to 40 animals, but would not offer overnight boarding at the present time.
Mr. Nelson said that the proposal is a permissible use, subject to proper permitting by the Special Permit Granting Authority. He suggested to Ms. McAdams that she talk with Building Inspector Richard Stevens for the proper procedure to follow. Design and Plan Review Committees would be involved in the process. This proposal requires a kennel permit from the Board of Health and a Special Permit from the ZBA.
Ms. McAdams thanked the Board for their suggestions.
Mr. Nelson asked an individual who arrived late which Petition she was interested in. Theresa McDonald of 11 Cranberry Ridge Lane asked what the Board had decided on Willowbend’s request for Extensions. Mr. Nelson explained that the Board granted six-month Extensions of the Variances earlier during the meeting. In 2009, the Board had granted relief of 4 feet from the height variance for the Petitions.
Ms. McDonald asked why only one neighbor on her road received notice of the public hearings. Mr. Furbush said that only abutters within 300 feet get notification in the mail. He said that is why notice is also published in the newspaper two consecutive weeks in a row and not less than 14 days in advance of the hearings. Ms. McDonald said that she saw the notice as published in the paper. She repeated her question of why she didn’t receive notice in the mail. The Board showed Ms. McDonald the certified abutters’ list from the Assessor’s office indicating the subject property and all abutters within 300 feet. Mr. Nelson explained the map to her and said that her property is not within that 300 foot-buffer. Ms. McDonald was given a copy of the map and the certified assessor’s
abutters list.
OTHER BUSINESS
Accept March 24, 2010 Minutes
Mr. Nelson moved to accept the March 24, 2010 Minutes. Mr. Dorsey seconded the motion. All were in favor.
Mr. Nelson said that he would talk with the Town Clerk’s office and correct the paperwork pertaining to the Board members’ expiration and reappointment dates.
Mr. Nelson asked the Board to try and avoid using Section 174-17 “Finding of Fact” as a “rubber stamp”. He suggested that the Board carefully examine any Petitions coming in for a Finding of Fact, particularly with proposals that would encroach on the setbacks and lot coverage. All the members of the Board agreed. Mr. Nelson asked the members for their opinion on Petitions coming in for a Finding of Fact and, at the same time, are requesting Variance relief. He asked if the Board would consider eliminating the need for the requested Variance relief if the Board finds that the Petition is not substantially more detrimental. Mr. Furbush agreed that it doesn’t appear that the Board would need to require both the Finding of Fact and the Variance. Mr. Dorsey suggested that the
Board should consider each Petition on an individual basis. All agreed.
Mr. Nelson expressed his appreciation and thanked everyone for attending tonight’s meeting.
Due to failure of the Mashpee Enterprise to properly publish notice in accordance with Massachusetts General Laws Chapter 40A §11, the Mashpee Zoning Board of Appeals is required to reschedule the following April 14, 2010 Petitions to Wednesday, April 28, 2010:
RESCHEDULED PETITIONS
Eric M. Benway: Requests a Finding of Fact under Section 174-17 of the Zoning By-laws to allow for construction of an addition to a pre-existing, non-conforming structure on property located in an R-3 zoning district at 2 Point Road (Map 114 Parcel 30A) Mashpee, MA.
Timothy R. and Charlene Maciel and Deolinda Marinelli: Request a Special Permit under 174-45.4(I) of the Zoning By-laws for a legally existing accessory apartment on property located in an R-5 zoning district at 58 Saddleback Road (Map 43 Parcel 15) Mashpee, MA.
James N. and Sharon A. DeFrancesco: Request a Variance from Section 174-31 of the Zoning By-laws for permission to vary the side and front setback requirements to allow for construction of an addition to an existing home on property located in an R-5 zoning district at 80 Scituate Road (Map 22 Parcel 79) Mashpee, MA.
Mr. Nelson adjourned the meeting at 7:40 p.m. Mr. Dorsey seconded the motion. All were in favor.
Respectfully submitted,
Cynthia Bartos
Administrative Secretary
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