11/13/2019 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES NOVEMBER 13,2019 This agreement expired in 2007, and it had a 10-year term. This agreement while in affect the Mashpee Park Trust would record a restrictive covenant on the land records that would protect this buffer permanently, and it would endeavor in good faith to get other lots within the park that had already been conveyed out, and were not part of this agreement to agree as well. He said that as far as he knows, neither of these items happened. He knows that the Board cannot enforce this agreement, and realizes that this is non-existent. However, he wanted to point out the differences in the commercial and residential, and to point out that this has long been observed even though they were not done according to the development agreement. He provided the 2017 GIS Map that shows all of the industrial lots in the area that bound to the south are observing the 50 ft. no-touch natural screening buffer. He provided photographs of the owner of 89 Industrial Drive began to remove the natural buffer right away and removed a number of fairly large trees. He also had photos showing the storage of boats. A large quantity of soil was removed, gravel was brought in and was treated and leveled. There were a few trailers and one boat all of which is shown what was the 50 ft. buffer. Mr. Senie wrote a letter to the new owner on July 22, 2019 which he read into the record. He requested that the ZBA issue a cease and desist order to the owners of 89 Industrial Drive. He believes that the Board can issue this order because there is no Special Permit for this work that was performed. Mr. Gould asked the Attorney if he had any contact with the Cape Cod Commission. Attorney Senie said he contacted Attorney Jessica Wielgus and asked her if the Commission would enforce.this agreement. She told Attorney Senie that the Commission cannot enforce it because it expired and hoped the Town would respond to this as a Zoning matter. Chairman Furbush asked about the MIPT(Mashpee Industrial Park Trust). Attorney Senie said that the Town took title to this property.to try and further inspire more people to take advantage of the industrial zoning that was put in place. Some of the lots had been conveyed out after the subdivision was approved but not many. So the Town formed a Trust and worked with the CCC so that no one going in the park would need to submit approval to the Commission fora project. The Trust was in charge of this property. There is no Special Permit. They control the development of the land but doesn't relieve them of the obligation of complying with the Zoning Bylaws. Any parcel that is purchased would require a Special Permit. Mr. Blaisdell said that the Board has heard many cases for that park. 10