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Zoning Board of Appeals Minutes 12/08/2010
MASHPEE ZONING BOARD OF APPEALS
MINUTES
December 8, 2010

The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, December 8, 2010, at the Mashpee Town Hall.  Board Members Jonathan Furbush, William Blaisdell, James Reiffarth and John M. Dorsey and Associate Peter R. Hinden were present.  Chairman Robert G. Nelson was absent because of undergoing major surgery.  Associate Board Member Ronald S. Bonvie was also absent.

Vice Chairman Jonathan Furbush opened the meeting at 7:00 p.m. and announced that the hearings were being televised live.  He wished Chairman Nelson a speedy recovery.  Mr. Furbush will be acting Chairman while Mr. Nelson is recuperating.

CONTINUED HEARINGS

Brian Hyde, Trustee of Krisharl Realty Trust: Requests a Special Permit under Section 174-45.4 of the Zoning By-laws to allow for an existing accessory apartment on property located in an R-3 zoning district at 701 Great Neck Road South (Map 104 Parcel 125) Mashpee, MA.  Petitioner requests Withdrawal of Petition.

Sitting: Board Members Jonathan Furbush, William Blaisdell, James Reiffarth, John M. Dorsey and Associate Board Member Peter R. Hinden.  

Mr. Hinden made a motion to accept the Withdrawal Without Prejudice of the above-referenced Petition.  Mr. Blaisdell seconded the motion.  Mr. Reiffarth voted yes.  Mr. Dorsey voted yes.  Mr. Hinden voted yes.  Mr. Blaisdell voted yes.  Mr. Furbush voted yes.  Vote was unanimous.

James Regan: Pursuant to Chapter 40A Section 15, James Regan Appeals the Zoning Opinion of the Building Commissioner concerning the property located in an R-3 zoning district at 12 Brookside Circle (Map 108 Parcel 37) Mashpee, MA.  Owner of record: Barry J. and Laura J. Marsolais.  Continued from November 10, 2010 Public Hearings due to lack of quorum.

Sitting: Board Members Jonathan Furbush, William Blaisdell, James Reiffarth, John M. Dorsey and Associate Board Member Peter R. Hinden.  

Petitioner requests a continuance of Petition and agrees to extend the time in which the Board must render a Decision on the Appeal.  Mr. Hinden made a motion to continue the Appeal and to grant an Extension to February 11, 2011.   Mr. Furbush seconded the motion.  Mr. Dorsey voted yes.  Mr. Reiffarth voted yes.  Mr. Hinden voted yes.  Mr. Blaisdell voted yes.  Mr. Furbush voted yes.  Vote was unanimous.

NEW HEARINGS

Alan Morra: Requests a Special Permit under Section 174-25.G (6) of the Zoning By-laws for permission to conduct wholesale business and storage of used cars in a roofed structure on property located in an I-1 zoning district at 78 Industrial Drive, Unit #1 (Map 88 Parcel 33 Extension 1) Mashpee, MA.  Owner of record:  Cape Cod Five Cents Savings Bank.  Proposal requires Planning Board approval.  Petitioner requests Withdrawal of Petition.

Sitting: Board Members Jonathan Furbush, William Blaisdell, James Reiffarth, John M. Dorsey and Associate Board Member Peter R. Hinden.  

Mr. Hinden made a motion to accept the Request for Withdrawal of the above-referenced Petition.  Mr. Furbush seconded the motion.  Mr. Dorsey voted yes.  Mr. Reiffarth voted yes.  Mr. Blaisdell voted yes.  Mr. Hinden voted yes.  Mr. Furbush voted yes.  Vote was unanimous.

Paul Tragiannopoulos: Requests a Variance from Section 174-31 of the Zoning By-laws for permission to vary the rear setback requirements to allow for construction of a garage/hobby shop/storage structure on property located in an R-5 zoning district at 593 Main Street (Map 20 Parcel 2) Mashpee, MA.  

Sitting: Board Members Jonathan Furbush, William Blaisdell, James Reiffarth, John M. Dorsey and Associate Board Member Peter R. Hinden.  

Mr. Tragiannopoulos represented his Petition and said that he has exhausted several options for the location of the proposal and spent thousands of dollars in site plan and architectural drawings.  The location of the septic system restricts placement of the proposed garage.  Mr. Tragiannopoulos said that placement of the proposal in front of his residence would be extremely unattractive from a visual aspect.  He said that he plans to use the structure for storage and as a personal hobby shop to sandblast, an activity which he enjoys.  

Mr. Tragiannopoulos said that he is not operating a business on his property and does not have any plans to do so in the future.  He said that he does not park numerous vehicles on his property when he is doing his sandblasting.  Mr. Tragiannopoulos said that he is going to the expense of installing a garage out of consideration for his neighbors and to mitigate any potential noise or dust from disturbing them.  

Letters from abutters in approval were submitted to the Board, in particular a letter from Camp Farley, the abutter most directly affected by the proposal.  The Board examined the submitted photos and commented that there is an attractive 8-foot fence that runs across the entire property.

Mr. Furbush read the following letters into the record:  
  • Memo dated December 8, 2010 from Veronica Warden, Assistant Health Agent which states: “The proposed structure cannot be utilized for retail or commercial use.  Please inform the applicant a septic inspection is required.”
  • Letter dated December 7, 2010 from Mike Campbell, Executive Director of Cape Cod Camp Corporation, which reads: “Please note the Cape Cod Camp Corporation (also known as Camp Farley) has no objection to Mr. Tragiannopoulos’ plan to construct a structure within the setback requirements near our abutting property (Map 20 Parcel 3C) as being presented to the zoning board.  Please do not hesitate to contact me if you have any questions about this letter, or need further information.”
  • Letter dated December 4, 2010:  “I, Mr. Christopher Ciccotelli, as the property owner and resident at 599 Main St. Mashpee, MA 02649.  It has been brought to my attention that Mr. Paul Tragiannopoulos, owner and who resides next door to me at 593 Main St. Mashpee, MA 02649, is requesting a variance to allow a rear setback for the construction of a new garage/hobby shop.  I would like to inform all members of the Mashpee Zoning Board of Appeals that I oppose this request by any means brought forth to you by Mr. Paul Tragiannopoulos.”
  • Letter dated November 23, 2010 and signed by Mr. Wilson: “Mr. and Mrs. Thomas Wilson, as the property owners and who reside at 581 Main St. Mashpee, MA 02649.  It has been brought to our attention that Mr. Paul Tragiannopoulos, owner and who resides two doors down from us at 593 Main St. Mashpee, MA 02649, is requesting Variance to allow a rear set back for the construction of a new garage/hobby shop.  We would just like to inform all members of the Mashpee zoning Board of Appeals that Mrs. Wilson nor I oppose this request by any means brought forth to you by Mr. Paul Tragiannopoulos.”
  • Letter dated December 4, 2010: “Mr. and Mrs. Keith Mendes, as the property owners and who reside at 587 Main St. Mashpee, MA 02649.  It has been brought to our attention that Mr. Paul Tragiannopoulos, owner and who resides next door to us at 593 Main St. Mashpee, MA 02649, is requesting a variance to allow a rear setback for the construction of a new garage/hobby shop.  We would just like to inform all members of the Mashpee Zoning Board of Appeals that Mrs. Mendes nor I oppose this request by any means brought forth to you by Mr. Paul Tragiannopoulos.”
Mr. Tragiannopoulos stated that Mr. Ciccotelli was actually in favor of the proposal and this letter was mistakenly worded.  Mr. Tragiannopoulos said that he would obtain a letter from Mr. Ciccotelli in support of the proposal.  A letter from Mr. Ciccotelli in approval of the proposal was delivered to the ZBA office on Friday, December 10, 2010.

Mr. Tragiannopoulos said that the commercial businesses Anchor Self Storage and Stonewood Products, along with an entire Industrial Park are located directly across the street from his house.  He said that this neighborhood is a very noisy, high traffic area, with trucks constantly pulling in and out of the area.  

Mr. Tragiannopoulos said that he owns and operates an oil change company located in Falmouth.  He owns four trucks which he occasionally works on.  He also helps friends, family and neighbors with sandblasting projects.  

The Board commented on the large size of the subject property and suggested different locations for the garage such as, moving the driveways or attaching the proposal to the house.  Mr. Tragiannopoulos said that attaching the garage to the house would prevent him from installing an addition onto his home in the future.  He said that attaching a 50-foot long garage to his home would look “hideous”.  

Mr. Hinden stated that the proposed location makes sense to him since it is in the rear of the property and will not be visible from the street.  He also said that the location abuts open land on property owned by a company that does not object to the proposal.  Mr. Hinden said that attaching the garage to the house would prevent the Petitioner from ever being able to expand his home.  He said that the proposed location is the best spot for the garage.  Mr. Reiffarth agreed and said that it would be well hidden from the street.

Mr. Tragiannopoulos clarified for the Board that the proposal is exactly the same roof height as the existing garage.  He said that the existing garage will be the only garage visible from the street.  

Mr. Tragiannopoulos said that the gas and water services and electrical service from the street were all sited to accommodate a future addition on the side of his home where the master bedroom is located.  He also said that he cannot locate the proposal on the other side of the house because he would have to sacrifice his deck and driveway.  Mr. Dorsey stated that it appears that any additions to the house on the side where the master bedroom is located would not require Variance relief.  He also agreed with Mr. Hinden’s assessment of the proposal.

Mr. Furbush asked for comments from those in attendance.  Mr. Thomas Wilson addressed the Board and stated that he resides at 581 Main Street, two doors down from the Petitioner. He said that he is opposed to the project.  Mr. Tragiannopoulos came to Mr. Wilson’s house to assure Mr. Wilson that he was trying to contain the noise and dust with the proposal.  Mr. Wilson said that he signed a document in favor of the proposal, but was in a hurry and distracted when he did so.  He said that he issued complaints to the Building Commissioner in October and November about the sandblasting noise and dust, which commenced in late summer of this year.  Mr. Wilson said that he did sandblasting for eight years and that it is not a hobby.  He expressed concern that the Petitioner will increase his sandblasting activity with construction of the garage.   

Mr. Furbush stated: “The sandblasting is going on before the building is even up, so even with the building being put up, that wouldn’t necessarily stop or start the sandblasting.  It sounds like it might continue, but I think the new building is neither here nor there.  He wouldn’t have to come to this Board if he was putting it in without a Variance and the Zoning Board does not control the noise part of it.  So unfortunately, you’re at the wrong area regarding the noise part of it”.  Mr. Wilson reiterated that he remains opposed.  
Mr. Reiffarth questioned how often the sandblasting occurs.  Mr. Wilson said that he wasn’t sure, but perhaps once a week.  He said that sandblasting cannot be done during the inclement weather.  Mr. Blaisdell said that whether or not the building is constructed, the Petitioner is going to continue the sandblasting.  

Mr. Tragiannopoulos said that Mr. Wilson also lives directly across the street from an Industrial Park on Route 130 with more traffic, noise and dust created by trucks than he would ever be able to create on his property with his sandblasting activity.  

Mr. Tragiannopoulos said that he was told by the Chief of Police Department that there is no law prohibiting sandblasting and that it is not considered a hazardous activity.  However, there is a 7 a.m. to 7 p.m. noise violation law.  He said that he is going through the considerable expense of constructing the garage in order to lower the noise levels for the benefit of his neighbors.  Mr. Tragiannopoulos said that the proposal calls for installation of special thermal fiber sound deafening insulation, as well as interior 5/8” plywood.  He said that the sandblasting isn’t even a year-round hobby, since he intends to store his boat and a mobile home in the proposed garage.

Mr. Furbush said that the proposal would take the sandblasting currently being done outside to an enclosed, sound-proof building.  

Mr. Wilson countered that the noise from across the street is from an Industrial Zone, but that he and Mr. Tragiannopoulos both live in a Residential area.

No other comments were received from abutters.

Mr. Blaisdell made a motion to grant the following:
  • A Variance of 17.2 feet from the left rear of the structure.
  • A Variance of 3.9 feet from the right rear of the structure.
Mr. Hinden seconded the motion.  Mr. Dorsey voted yes.  Mr. Reiffarth voted yes.  Mr. Hinden voted yes.  Mr. Blaisdell voted yes.  Mr. Furbush voted yes.  Vote was unanimous.
  
The Board members told Mr. and Mrs. Wilson that they sincerely hope that construction of the garage will help solve some of the noise problems.  

OTHER BUSINESS

Accept November 10, 2010 Minutes
Mr. Blaisdell made a motion to accept the Minutes.  Mr. Reiffarth seconded the motion.  Mr. Furbush voted yes.  Mr. Hinden voted yes.  Mr. Dorsey voted yes.  Mr. Blaisdell voted yes.  Mr. Reiffarth voted yes.  Vote was unanimous.

2011 ZBA Public Hearings Calendar
Mr. Blaisdell made a motion to accept the 2011 ZBA calendar.  Mr. Hinden seconded the motion.  Mr. Furbush voted yes.  Mr. Hinden voted yes.  Mr. Dorsey voted yes.  Mr. Blaisdell voted yes.  Mr. Reiffarth voted yes.  Vote was unanimous.

Mr. Blaisdell made a motion to adjourn the meeting.  Mr. Hinden seconded the motion.  Mr. Furbush voted yes.  Mr. Hinden voted yes.  Mr. Dorsey voted yes.  Mr. Blaisdell voted yes.  Mr. Reiffarth voted yes.  Meeting was adjourned at 7:50 p.m.

Respectfully submitted,


Cynthia Bartos
Administrative Secretary
Zoning Board of Appeals