07/24/2019 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JULY 24,2019 Bill Blaisdell said he was present at the Design Review meeting,and that Miles commented on the landscaping and liked what was presented. Charlie Maintanis said that he remembers the request was to leave the native species. Matt said he incorporated his requests into the revised plan. Chairman Furbush commented that the bylaw (174-31, fn: 14) is written that the Town wants the natural buffer. Matt said that bylaws are a general rule to guide, and there are case specific scenarios where it doesn't meet the bylaw, and sometimes there's a variance request. The Chairman said that there is variance criteria in order to qualify. Attorney Kirrane said that there's a topographical situation that would come into play. He said that there has been movement away from this situation because the scrub pines, and underbrush puts businesses along Rte. 28 and Rte. 151 at a competitive disadvantage which he suggested would be a hardship, and suggested that retaining some of the natural state and supplementing the landscaping that is basically natural to the Cape Cod area is far more attractive to the eye than scrub pine and underbrush. Jonathan said that the Board denied a building petition with Mashpee Commons because of the location.He said in his opinion he would like to see a better landscape plan.Attorney Kirrane said he can return with a revised-plan if that is the Board's recommendation. — Ron said as one member he recommended to get Charlie Rowley's input so if the Board chooses to make a decision,his review could address Jonathan's concerns. Jonathan polled the Board asking if they had any comments or questions. Ron and Bill would like Charlie Rowley to review the plans. Jonathan referred to the Plan Review meeting minutes dated May 21, 2019, and the concerns submitted by the various departments. There was a conversation regarding the entrance and exit of the proposed project that requires Mass DOT approval because Rte. 28 is 4 State road. Jonathan asked Matt if he got in touch with the owners of Shellback Way regarding the road maintenance. Matt said he has not looked into any road maintenance on Shellback Way, and he has not spoken to the owners. Matt said he needs DPW permits and curb cuts that are typically done after permitting. Jon asked why he didn't make a phone call to the residents. Matt said he needs to discuss permitting before road improvements. Jonathan mentioned the Board of Health, and the Town Planner's comments and concerns regarding the possibility of the entrance becoming a "cut- through'. Matt said a speed table is depicted on the plan page C-101; there's one in front of the building and another at the entrance and exit onto Shellback Way. 9