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Zoning Board of Appeals Minutes 11/14/2012

MASHPEE ZONING BOARD OF APPEALS
NOVEMBER 14, 2012
MINUTES

The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, November 14, 2012 at 6:00 p.m. in Conference Room #1 at the Mashpee Town Hall, 16 Great Neck Road North.  Board Members Jonathan D. Furbush, William A. Blaisdell, James Reiffarth and Judith M. Horton and Building Commissioner Richard E. Morgan were present.  Board Member Ronald S. Bonvie and Associate Members John M. Dorsey and Domingo K. DeBarros were unable to attend the meeting.

Chairman Jonathan D. Furbush opened the meeting at 6:00 p.m. and announced that the meeting was being televised live on local Mashpee television.  

PLEDGE OF ALLEGIANCE

Mr. Furbush said that every Petitioner has the right to have five Board Members hear their Petition.  In view of the fact that only four Board Members were present, he asked the Petitioners if they wanted to continue their Petition until there was a five-member Board present.  Otherwise, grant of their Petition requires a unanimous vote by all four members.  All of the Petitioners decided to have their Petition heard by the four-member Board.

REQUEST FOR DETERMINATION

AT&T, Petitioner: Requests vote by the Board to determine if proposal to add antennas and associated equipment onto an existing tower on property located in an I-1 zoning district at 154 Industrial Drive (Map 88 Parcel 31) requires public hearing and notification of abutters.  Owner of record: SBA Properties, Inc.

Sitting: Board Members Jonathan D. Furbush, William A. Blaisdell, James Reiffarth, and Judith M. Horton.

After a short discussion, the Board and Mr. Morgan agreed that the proposal is a minor modification of the Special Permit.  Mr. Blaisdell made a motion that the Board’s determination is that the proposal is a minor change and does not require public hearing or abutter notification.  Ms. Horton seconded the motion.  Votes: Mr. Furbush, yes.  Mr. Blaisdell, yes.  Mr. Reiffarth, yes.  Ms. Horton, yes.  Vote was unanimous.

NEW HEARINGS

Robert A. Friedman and Patricia Kent-Friedman: Request a Special Permit under Section 174-45.4 of the Zoning By-laws to legalize an existing accessory apartment on property located in an R-5 zoning district at 15 Black Watch Way (Map 16 Parcel 59) Mashpee, MA.

Sitting:  Board Members Jonathan D. Furbush, William A. Blaisdell, James Reiffarth, and Judith M. Horton.

Mrs. Kent-Friedman represented her Petition and stated that she and her husband bought the home with the existing accessory apartment at 15 Black Watch Way in September 2012.  The previous owners, Mr. and Mrs. Jared West, obtained a Special Permit in 2003 for the one-bedroom accessory apartment.  According to the Zoning By-laws, the Special Permit lapses upon sale of the home and the new owner must apply for a Special Permit to legalize the accessory apartment in their name.  The accessory apartment is located on one side of the dwelling with a separate stairwell.  Mrs. Kent-Friedman said that the accessory apartment consists of 850 square feet within the 3,983 square-foot home.  She confirmed that the accessory apartment has two separate means of egress.

Mrs. Jean Blevins, an abutter at 1 Black Watch Way, said that the previous owners operated a construction business from the home at 15 Black Watch Way which created excessive truck and construction equipment traffic in the residential neighborhood.  Mrs. Blevins said that she has no opposition to the one-bedroom accessory apartment, but did  
express concern that the new owners would also run a commercial business from the home.  
 
Mrs. Kent-Friedman responded and stated that she and her husband live in the home with their two minor children.  Her husband is a well-known physician with Gosnold.  She assured Mrs. Blevins that they will not be operating a commercial business from the home.  She said that she has put in months of hard work beautifying the property and the dwelling which had been very neglected for several years.  

No other comments were received from abutters.

Mr. Blaisdell made a motion to grant the Special Permit for the accessory apartment.  This is conditioned upon compliance with the following:
  • That two means of egress for occupants of the one-bedroom accessory apartment shall be provided.
  • That the principle residence will be owner-occupied.
  • That the homeowner will submit to the Building Department proof/evidence demonstrating owner occupancy.
  • Board of Health approval.
  • That there are sufficient parking spaces.
  • That the accessory apartment will not be rented/occupied until the homeowner receives a Certificate of Occupancy from the Building Department.
  • That this Special Permit lapses upon transfer of ownership of the home.
Mrs. Horton seconded the motion.  Votes: Mr. Furbush, yes.  Mr. Blaisdell, yes.  Mr. Reiffarth, yes.  Ms. Horton, yes.  Vote was unanimous.

Jack G. Carter, Jr., Petitioner: Requests a Special Permit under Section 174-24.H of the Zoning By-laws to allow for retail sale of antique vehicles on property located in an I-1 zoning district at 68-E Nicoletta’s Way (Map 26 Parcel 19E) Mashpee, MA.  Owner of record: Brian J. Wall, Trustee.

Sitting: Board Members Jonathan D. Furbush, William A. Blaisdell, James Reiffarth, and Judith M. Horton.

Mr. Carter represented his Petition and stated that he currently owns Kia of Cape Cod, Hyannis Toyota, and Orleans Toyota.  He said that he’s planning to retire soon and would like to sell antique cars as a hobby.  Mr. Carter estimates that he will have one customer per month.  Most of the sales will be conducted through the internet or through one of the Southern or Western U.S. auction houses.  Vehicles will be stored inside a heated and dehumidified atmosphere on the subject property.  Mr. Carter said that the unit consists of approximately 1,600 square feet and will accommodate five or six cars.  No vehicles will be stored or displayed outside.  No vehicle repair will be conducted on the premises.  No flammables will be stored inside.  The Fire Department can access through the 12x16-foot doors in the front and rear of the unit.  Mr. Carter said that the unit is sprinkled.

This proposal is scheduled for the November 20, 2012 Plan Review Agenda.   

Board of Health comments: No vehicle repair is permitted without Board of Health approval.  

Section 174-24.H refers to Section 174-25.F(2) which Mr. Blaisdell read: “Sale or rental of automobiles, boats and other motor vehicles and accessory storage”.  This proposal is an allowed use in an Industrial Zoning District with issuance of a Special Permit from the Zoning Board of Appeals.

Building Commissioner Richard Morgan said that his only concern involves the number of vehicles being safely stored within the unit.  After a short discussion, the Board decided to limit the number of vehicles to six to allow for emergency access and for safety purposes.  Mr. Carter agreed that this would be acceptable to him.  

No comments were received from abutters.

Mr. Blaisdell made a motion to approve the Special Permit.  This Decision is conditioned upon compliance with the following:
  • Plan Review approval.
  • Inside storage of vehicles is limited to a maximum of six vehicles.
  • No outside storage of vehicles is allowed.
  • Per Board of Health, no vehicle repair will be conducted.
  • Storage of flammables inside the premises is prohibited.
  • Cape & Islands Engineering plan entitled: Proposed Site Plan Located in Mashpee, Mass. Prepared for Stephen Giatrellis, Date: July 15, 2012.  Revd Jan.22.2006., Phase 11 [Lot 6A] Nicoletta’s Way [Bldg.68] Town Map 26 Parcel 19.
Mr. Furbush seconded the motion.  Votes: Mr. Furbush, yes.  Mr. Blaisdell, yes.  Mr. Reiffarth, yes.  Ms. Horton, yes.  Vote was unanimous.

Lisa J. McAdams, Petitioner: Requests a Special Permit under Section 174-25.E(7) of the Zoning By-laws to allow for kennel-free alternative doggy daycare, socialization and overnight boarding on property located in an I-1 zoning district at 46 Nicoletta’s Way (Map 27 Parcel 160) Mashpee, MA.  Owner of record: Terence Luff, Trustee.

Sitting: Board Members Jonathan D. Furbush, William A. Blaisdell, James Reiffarth, and Judith M. Horton.

Ms. McAdams, owner of Talk to the Paws! Doggy Daycare, and Property Manager Charles Harootunian represented the Petition.  Ms. McAdams is a Mashpee resident and hopes to relocate her doggy daycare business from Hyannis to Mashpee.  She has signed a lease to operate her business at 46 Nicoletta’s Way in Units 7 and 8.  Each unit consists of 1,000 square feet of space and will be connected with installation of a doorway.  There is an additional 1,000 square feet of outdoor space in the rear of the building bordering Heritage Park.  This outdoor space will be fenced in.  Ms. McAdams said that her current kennel license limits her to 50 dogs.  There are no cages and the dogs are allowed to run free.  The drop-off and pick-up areas are separated to eliminate the possibility of stampedes or escaping dogs.

Mr. Furbush expressed concern about the waste and the potential for noise from 50 dogs disturbing the other tenants in the building.  Ms. McAdams said that she never has more than 30 dogs on any given day.  She said that her Hyannis neighbors, Sears and Cape Cod Beer, have never complained about noise.  She puts her clients and their dogs through a rigorous interviewing process and a trial day.  A dog that is not socialized or exhibits any kind of aggressive behavior is rejected.  Ms. McAdams said that small- to medium-size dogs that like to play Frisbee are accepted.  Certain breeds such as pit-bulls or chows are not allowed.  Waste is gathered into bags and disposed of in a special dumpster.  The ground is sprayed with a special product which eliminates odor.  

Mr. Harootunian said that the unit consists of sheet rock wall on steel studs and was not constructed with sound board.  He indicated that his experience as a General Contractor is that fiber-glass insulation is good for heating purposes, but does not function well as a sound barrier.  

Mrs. McAdams said that she has from four to six dogs boarding overnight.  A staff member returns twice during the night to let the dogs out.  There is camera surveillance of the dogs 24 hours a day, which Ms. McAdams monitors through her laptop and smart-phone.  If there are more than nine dogs boarding overnight, staff members also stay overnight in four-hour shifts.  If only one or two dogs are boarded, they will go home with Ms. McAdams for the night.

Mr. Harootunian said that Ms. McAdams talked to the owner of Unit #6 who had expressed some concern with her proposal.  He said that Unit #9 is storage only.  He stated that Unit #10 is separated by 23 feet of storage and this operation also generates a certain amount of noise.  As the Property Manager, Mr. Harootunian said that he would receive any tenant complaints about noise or trash, which he would resolve immediately.  

Board of Health comments:  The Petitioner is on the November 14, 2012 Board of Health Agenda for kennel approval.  The proposed business is within the total leaching capacity for the building.  

The proposal is on the November 20, 2012 Plan Review Agenda.  

No comments were received from abutters.  

Mr. Blaisdell made a motion to approve the Special Permit.  This is conditioned upon compliance with the following:
  • Plan Review approval.
  • Board of Health approval.
  • Animals shall be housed wholly indoors, except for exercise runs.  
  • Cape & Islands Engineering plan entitled: Proposed Site Plan Located in Mashpee, Mass. Prepared for Terry Luff.  Date: Dec16,2001.
Mr. Reiffarth seconded the motion.  Votes: Mr. Furbush, yes.  Mr. Blaisdell, yes.  Mr. Reiffarth, yes.  Ms. Horton, yes.  Vote was unanimous.

Bobby Byrne Management Corporation, Petitioner:  Requests a Special Permit under Section 174-51.B of the Zoning By-laws to allow for installation of signage on property located in a C-1 zoning district at 9 Greene Street (Map 74 Parcel 20.9) Mashpee, MA.  Owner of record: Mashpee Commons II LLC.  Agent: Zebra Visuals Signs.

Sitting: Board Members Jonathan D. Furbush, William A. Blaisdell, James Reiffarth, and Judith M. Horton.

Mr. Paul Luszcz, owner of Zebra Visuals, represented the Petition.  Owners and Partners of Bobby Byrne Management Corporation, Jeffrey Moore and Bobby Byrne were also present.  Mr. Luszcz stated that Bobby Byrne Management Corporation is proposing installation of an 11,600 square-foot bowling alley with a restaurant/bistro on the northeasterly side of the building.  An outdoor seating area is proposed for the warm weather months.  Mr. Luszcz said that the proposed signage is similar to the signage installed by Panera Bread on the southeasterly side of the same building.  Plans call for installation of a main identity sign, bistro entrance and bowl entrance signs, blade signs, bowling pin logo icon and two awnings.  Proposed total square footage of signage and awnings is 170 square feet.  Mr. Luszcz said that the proposed 3-dimensional bowling pin icon is 83 inches in height and will be designed in foam with an internal aluminum armature.  The bowling pin icon will be lit with low level lighting around the perimeter. The sign on the wall will be lit with goosenecks from above.  The Bistro sign will be lit by ambient lighting.  

After some discussion about the size of the bowling pin icon, Mr. Furbush suggested reducing its size from seven feet to six feet.  The other Board members were not worried by the proposed size.  Mr. Morgan said that it needs to be anchored properly.  Mr. Reiffarth reminded the Board that the proposal requires Design Review approval.

Mr. Jeffrey Moore, Mr. Bobby Byrne’s partner for the last 38 years, said that the look that they are trying to create is a vintage industrial look.  He said that the style of this icon is displayed in old bowling alleys around the country.  Mr. Moore said that part of the inspiration for this idea came from the Leach Animal Hospital sign, which the Board approved.

No comments were received from abutters.

Mr. Blaisdell made a motion to grant the Special Permit.  This is conditioned upon compliance with the following:
  • Zebra Visuals sign entitled: The Lanes Bowl & Bistro/Exterior Signing.  Date: 10/18/12.  
  • Design Review approval.
Ms. Horton seconded the motion.  Votes: Mr. Furbush, yes.  Mr. Blaisdell, yes.  Mr. Reiffarth, yes.  Ms. Horton, yes.  Vote was unanimous.                                                                                                                                                                                                                                                                                                                            
OTHER BUSINESS

Approve October 24, 2012 Minutes
Ms. Horton made a motion to approve the Minutes.  Mr. Furbush seconded the motion.  Votes: Mr. Furbush, yes.  Mr. Blaisdell, yes.  Mr. Reiffarth, yes.  Ms. Horton, yes.  Vote was unanimous.                  

Approve 2013 Public Hearings Schedule
Ms. Horton made a motion to approve the schedule.  Mr. Blaisdell seconded the motion.  Votes: Mr. Furbush, yes.  Mr. Blaisdell, yes.  Mr. Reiffarth, yes.  Ms. Horton, yes.  Vote was unanimous.                               

Mr. Reiffarth made a motion to adjourn the meeting.  Mr. Blaisdell seconded the motion.      Votes: Mr. Furbush, yes.  Mr. Blaisdell, yes.  Mr. Reiffarth, yes.  Ms. Horton, yes.  Meeting was adjourned at 7:20 p.m.

Respectfully submitted,


Cynthia Bartos
Administrative Secretary
Zoning Board of Appeals