4/22/2020 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES APRIL 22,2020 Sharon read the Board of Health requirements dated April 10, 2020 into the record. Mr. Furbush read the Conservation comments dated April 10, 2020 into the record. There were no more comments from other departments. Attorney Chris Senie represents the abutters that live at 10 Nancy Lane. He submitted a letter to the Board dated April 22, 2020 that states his concerns regarding the project. He said that there was no notice sent to him or his clients of the Design Review and Plan Review meetings. He was thankful that Mr. Kirrane agreed to remove the wording"and all other allowed Special Permit uses." He wanted to know if the Special Permit that was issued back in 1999 for the storage of waterworks materials will be included in this Special Permit. Mr. Senie doesn't believe that boat and trailer storage fits within Section 174-25 G (9) as a wholesale business and storage. Section 174-41 that was cited regarding the 10 ft. buffer, and would like the Board to include that area to be landscaped. The Zoning Board can require a larger buffer that abuts the residential area. There has been a 50 ft. buffer there all along and has been maintained for many years.Mr. Senie said he is concerned that he or his client don't know what the building material is made of, how thick the walls are, insulation thickness, the sound transmission class, and doesn't believe that the Zoning Board has any indication if this standard is being met. Mr. Senie asked for a 6 ft. high privacy fence. The chain link fence is not adequate. He is asking that the 50 ft. buffer remain. He notified the Cape Cod Commission and was told that the Special Permit granting authority could impose a condition to preserve that buffer. He stated that the proposed building, landscaping, and administrative information was not communicated properly. Mr. Fish spoke and would like that all parties to come to an agreement. His concern is the 50 ft. buffer, and would like a privacy fence installed in place of the chain link fence. He wants the Board to consider his request for a privacy fence. Mr. Frank Gormley who resides on Nancy Lane and is concerned about what type of businesses will be in this building. Mr. William Grossman spoke and has the same concerns as Attorney Senie had discussed. Mr. Furbush wanted to know if Design Review and Plan Review are required for abutter notification.Charlie said that it is not required to notify abutters within 300 ft.and is located under Section 174-24 of the bylaws. Mr.Furbush asked Attorney Kirrane to comment on the boat storage concerns.Mr.Kirrane said that he's not sure if there will be boat storage at this building. The boat that is stored there now belongs to the lot owner. He said that outside storage is an allowed use under the bylaw and is a principal use. Kevin also mentioned as Charlie said that Design Review and Plan Review do not require abutter notification. He discussed that the ZBA does not involve themselves in the actual construction of any building projects. 7