3/28/2016 BOARD OF SELECTMEN Minutes

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Board of Selectmen Minutes March 28, 2016 Discussion of enforcement of Nitroeen Control Bvlaw: It was recently brought to the Environmental Oversight Committee's attention that a lawn application firm was applying fertilizer on March 17, 2016. The Town's newly implemented Nitrogen Control Bylaw prohibits fertilizer applications prior to April 141h. Selectmen Gottlieb, a member of the EOC indicated this is a good opportunity to remind people that although there have been unseasonable warm temperatures, early fertilizer/pesticide applications tend to go into ground and surface water more readily. EOC member and Conservation Agent Andrew McManus stated the Conservation Commission is routinely monitoring and completing due diligence with respect to this regard. There is language in the wetland bylaw regarding lawn standards which is being followed in the new application process to ensure compliance. Rodney C. Collins, Town Manager indicated that although the bylaw falls under the jurisdiction of Board of Health and Conservation Department enforcement will be reviewed on a case by case basis by the Town of Mashpee for specific complaints. Request to waive commercial/industrial new construction fees. Stuart Bornstein: Stuart Bornstein was in attendance to request the Board of Selectmen waive his commercial building permit application for the construction of a pre -fab metal building 60'x40' at the site location 104-B Falmouth Road, Mashpee. The building permit fee is $40,500. The site location is within the former Augat building currently occupied by Boston Interiors and other businesses. Mr. Bornstein indicated he owns property to the rear of the facility and over time he has spent a great deal of funds. Mr. Bornstein indicated he was required to alter the entrance, has sold land in this area to the Tribe and has continued to pay taxes on his vacant building for a number of years. Mr. Bornstein noted that he is planning on constructing a second commercial building to serve as a warehouse storage facility at the site location. Since he has been paying a lot of excess taxes, Mr. Bornstein requested some financial relief from the Town by waiving the building permit fee for the commercial building project. The subject property is presently assessed at $6 million. The Board of Selectmen generally considers fee waivers for non-profit organizations when approached. However, all other business entities pay their taxes, and do not look to the public for relief. Mr. Bornstein was noted to have over 70 public corporations where he is listed as an owner and the properties held in Mr. Bornstein's name in the Town of Mashpee are assessed for over $12 million. There was concern with respect to setting precedence with respect to this regard. Motion made by Selectman Gottlieb to refect the request of Stuart Bornstein and not waive the new construction commercial/industrial building permit fee. Motion seconded by Selectmen Cotton. VOTE: Unanimous. 5-0. Roll Call Vote: Selectman Cahalane, yes Selectman Sherman, yes Selectman Gottlieb, yes Selectman O'Hara, yes Selectman Cotton, yes Opposed, none