9/25/2008 PLAN REVIEW COMMITTEE MINUTES Minutes

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Memorandum Page Torn of Mashpee—Plan review September 23,2008 Plan Compliance At the August 14'h Plan Review meeting it was asked if the property is in compliance with the plan approved by the Board of Appeals in 2004. The landscaping was installed substantially in accordance with the plan. The binder course for the parking lot was installed; however, the topcoat was not and the parking lot has never been striped indicating the location of the parking spaces. Since the approval in 2004 the building industry has suffered significant declines, and Mr. Silva has not been in a financial position to pave the surface course. The cost is fairly significant. Attached to this memorandum for your consideration is a Draft Covenant prepared by Attorney Robert Parady. Mr. Silva proposes that we ask the Board of Appeals for relief from the requirement to install the topcoat and stripe the parking spaces until such time as he sells one of the contractor units. Mr. Silva is creating condominium documents and i in the process of marketing some of the units for sale. Mr. Silva,through the execution of the Covenant, provides a guarantee that the topcoat and striping work will be done immediately after the sale of one o the units. The Covenant would he a binding document and would be easily identified as a creed restriction, and it would allow for the sale of one unit only. The Board of Appeals can condition the grant of the special permit on the filing of the Covenant at the Registry of Deeds. The Covenant would prevent the sale of any unit beyond the first sale until there is a Release of Covenant from the Town of Mashpee. The Release of Covenant from the Torn would not b executed until such time as Mr. Silva completed the work on his site relating to the installation of the topcoat and the striping of the parking spaces. Fire Department Code Requirements At the August 14 flan Review meeting issues relating to fire protection were not addressed on behalf of Mr. Silva and Mr. Beaulieu. At the earlier plan review meeting the question of whether or not the sprinkler system was adequate for the proposed use was discussed and whether or not there is adequate fire wall separation. After the August 14 meeting Vincent Kiernan, building contractor for Mr. Silva, was contacted and he indicated that he used ' x ' instead of ' x 4' construction, which was inspected by Joel Clifford, Mashpee Fire Department, and that the construction complied with Fire Department standards for fire wall protection. 1 also contacted James McHuth, JB Eng eerie , Rockland, N4A. Mr. McHuth informed me that the sprinkler system that was installed in the building for the contractor use is also adequate for the use of automotive repair. Mr. McHuth prepared the as-built plan that is on file in the Fire Department, and he is preparing a letter for the Town of Mashpee stating that the sprinkler system is adequate for the,automotive repai