02/13/2019 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Blue Sky Towers II, LLC 101 Red Brook Road (Map 104 Parcel 2) Mashpee, MA 02649 V-2019-10 Mr. Furbush recited the M.G.L. 40A Sec. 10. "applicable zoning ordinance or by- law where such permit granting authority specifically finds that owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, 1) a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the petitioner or appellant." Mr. Furbush believes that it's important to determine which Variance is required, and he believes it is topography. He said there's hills in the way, there's a lower area. He thinks this is the basis of the topography issue. Mr. Furbush asked the Board to read in the resident letters, and Town Department comments into the record. Sharon read the Conservation Department comment dated February 8, 2019 into the record. Sharon read the Board of Health comments dated February 12,2019 into the record. Sharon read a resident at (2 Bowsprit Point) letter dated February 7, 2019 into the record who is in favor of the proposed tower. Mr. Furbush read the Inspection Department comments dated February 4, 2019, and February 6, 2019 into the record. Sharon read a memorandum dated February 5, 2019 from Scott Carline, Chief of Police into the record. Mr.Furbush read a memorandum dated February 11,2019 from Evan Lehrer,Town Planner into the record. Scott Goldstein read a memorandum dated January 30,2019 from Thomas C.Rullo, Fire Chief into the record. Sharon read a resident at (41 Triton Way) letter dated January 18 2019 into the record who is in favor of the proposed tower. Mr. Furbush opened the meeting to the audience. 4