08/14/2019 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES AUGUST 14,2019 Evan said that the Planning Board requires a storm water report as part of their special permit regulations, and the Zoning Board of Appeals could similarly adopt a storm water report maintenance plan is in adequate to maintain a storm water infrastructure, the ZBA could consider adopting as a regulation of their special permit. Ron said that some of the areas from his observations that were approved by the Board have been overlooked. Dan Ojala commented that it's very smart that the Town encourage rain gardens, and even a marginal one is better than dumping into catch basins. There's a lot of vital activity with top soil.He said he would not discount grass because it's a very strong absorber of nitrogen. The size of rain gardens has to be significant to have beneficial impact. Jonathan wanted to know if 21 Evergreen Circle was asking for a Variance from§174-25.1 (1). Attorney Kirrane said it is not applicable, and is only applicable to the C-3 Zoning District. Evan said that there are only two lots that front on Main St.that are in the C-3 Commercial Zone. Everything beyond those two lots down Evergreen Circle are in the I-1 Zoning District which are not applicable under the bylaw Section 174-25.1 (1). There were no more comments from the Board. Sharon read the Board of Health and Conservation comments into the record. Charlie commented under Section 174-37 location of parking facilities. There are a couple. of parking spaces in the front of the property but they are for handicapped access which is the safest closest location. There is no relief required. Attorney Kirrane said that they are located at the safest location and not near the flow of traffic. There were no comments from the audience. Ron made a motion that the Board issue a Special Permit to Petitioner, Thomas E. Fair of 21 Evergreen Circle under§174-25 (G)(4) (6)(14)to allow for construction of a contractor bay warehouse with an accessory office on property located in an I-I Zoning District,Map 19 Parcel 10, Mashpee, MA. (Owner of Record: Evergreen Energy, LLC) with the following conditions; 1. The Board has determined that the applicant meets all the conditions of a Special Permit under Mass General Law 40A Section 9. 8