8/12/2020 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES AUGUST 12,2020 29 and 41 Echo Road: Petitioner, Triple M Management Co., LLC requests a Modification to existing Special Permit(s) (SP-2015-33 and SP-2019-36) under §174-24 (J) (K) (C) and §174-24 (C) (9) (a) to allow for construction of two temporary wing structures (12 ft. x 32 ft.)to be used during construction, and removed upon completion of construction of permanent addition authorized by Special Permit Decision SP-2019-36,on property located in an I-1 Zoning District, Map 19 Parcels 3-8 and 3-9, Mashpee, MA. Owner(s) of Record: Triple M Management Co.,LLC (#29) and Ronald Gangemi (#41). Attorney Kirrane represented the application stating he applied for a minor modification which really doesn't require an advertised public hearing. He provided the Board with his written remarks.He said the construction request is to create two relatively small additions that will be used temporarily for the operation of the expanded use of the building which was approved under the initial Special Permit SP-2019-36 that authorized adult or recreational use of the addition whereas the initial special permit authorized strictly medical use. The bylaw allows for a minor modification if not increasing by 5% of the overall size of the building, or the overall occupation by structures on the lot. Given the fact that the additions are temporary only to be used while the construction of the other substantial addition which was approved by the Board last year. He suggested that a minor modification would be in order. There is no increase in the total square footage of what was approved because these are temporary buildings until the new addition is completed. He mentioned that Kevin O'Reilly, with Triple M, and John Connell, Architect were present to answer any questions as well as Raul Lizardi, Engineer with Cape & Islands Engineering who prepared the plans. Mr. Kirrane said that he believes this qualifies for a minor modification, unless the Board feels differently, would require an additional modification to the Special Permit. Jonathan asked if the two "wings" are smaller than what was approved. Kevin said yes, that is correct. Jonathan asked if these two "wings" will not be removed until the other section is completed. Kevin said that it won't take much time to remove the two "wings", but could anticipate the issuance of an occupancy permit after the "wings"are removed by the time the occupancy permit is issued. Jonathan asked if an occupancy permit would be requested for the two "wings". Kevin said; correct. Kevin said that he's not adverse if the Board wants to further modify the Special Permit,but is not sure it is necessary.But if the Board feels it's appropriate because those "wings"will be there for a brief period of time while the other building is awaiting occupancy.That can be agreed upon,and conditioned that they are removed once the Town issued the building occupancy permit for the substantial building that was already approved. Jonathan said that Charlie, acting Building Commissioner, and Evan, Town Planner have expressed concerns about the wording of any addition to the special permit or changes to the special permit.He asked Charlie to discuss his concerns,and the Town Planner as well. 6