11/18/2020 ZONING BOARD OF APPEALS Minutes

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MASIIPEE ZONING BOARD OF APPEALS MELTING MINUTES November 18,2020 Sharon Sangeleer read the Board of I lealth letter into the record dated September 25,2020 to Joe Henderson of Horsley Witten Group Inc. Charlie Rowley was on the call and discussed his Peer Review Cost Estimate that was submitted to the Zoning Board dated October 20, 2020. He said his review would consist of all the site work, but nothing to do with the buildings. He would review the site access, grading, storm water, septic system, soil absorption system, parking and cross section. He prepares a written summary of the work performed and is submitted to the Board, and will attend three meetings minimum with the Board of Appeals to go over questions or comments. Jonathan read an email dated Tuesday, November 3, 2020 from Town Counsel regarding a request from the Board for peer review engineering services. The cost estimate from Charlie Rowley is $2,520. Jonathan read an email dated Wednesday, November 4, 2020 from Town Counsel regarding a copy of the Deeds for the three subject parcels. He read, "Similarly, because the property is presently Town owned, I see no issue with the request for a waiver of the Tax Collector Worksheet." He read; that Town Counsel recommended the Board send a copy of the application be forward to the Mashpee Water District for its review and comment. Sharon read the comments submitted by the Water District that were verbally given during a phone conversation to Mary Ann, ZBA Administrative Secretary dated November 18, 2020. An email was typed up with these comments and provided to the Board. Jonathan continued with the Town Counsel comments regarding the waiver request of the "legal counsel services fee". Ilana Quirk said that she interpreted that Town Counsel was agreeing with respect to the pro-forma check/fee for the "financial expert" because this is certainly something that would not be happening until after the presentation, or peer review is done and all discussions have been satisfied by the Board and applicant.This is premature for the Board to be asking for this fee. Shc said that the legal review fee would be appropriate during the hearing process that needed to be reviewed by the Board, i.e.,an easement instrument, etc. but this is something that is permissible for the Board to look for but not for general legal representation. She is asking that those two checks be held but if there is a need for fees either legal or pro-forma review, the funding can be provided at that time. Jonathan read a paragraph from Town Counsel that he caution the Board to waive is the "Section 5.04 (burden of ;goof placed upon the Applicant)" Jonathan wanted some clarification on this comment. 13