07/24/2019 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT (SP-2015-33) MODIFICATION Triple M Management Company, LLC, and Ronald Gangemi, Trustee of 81 Echo Road Realty Trust 29 &41 Echo Road (Map 19 Parcel 3-9) (Map 19 Parcel 3-8) Mashpee, MA 02649 SP-2019-36 Upon a grant of a Special Permit,this use is allowed in the I-1 Zoning District and the lot conforms to current zoning. The building as proposed will also conform to zoning. It meets and exceeds the current 75 ft. setback from the front yard,the 30 ft. from the side yard,and 50 ft. from the rear yard setback. The maximum building coverage allowed is 25%. The proposed building will occupy only 8%of the site, and it is essentially a one story building which is well within the height requirements of the zoning bylaw. Apart from the specific criteria that is set forth under Section 174-25 J,the applicant must also demonstrate that they conform to the requirements under 174-24 C which is essentially a demonstration that the proposed project will not pose a threat to the public, ground water, air quality, wild life habitat, estuarine systems, and neighboring properties. It's relatively a passive use,and has been designed to minimize impacts relative to neighboring properties and the Town. The host agreement with the Town calls for the installation of a traffic signal at Echo Road and Rte. 130 to be installed by the year 2020. There are other provisions of the host agreement that the Board is familiar with relative to the payment fees, and percentage of gross revenues of the site to be paid to the Town which is spelled out in the host agreement, and has no bearing under zoning aspects of the project. The project is regulated by several bodies;there's a State regulatory authority that regulates the use and license. There is the local Board of Health which has its own regulations, and the project complies with those regulations. There is a host agreement that has been entered into with the Board of Selectmen, and the operators of the proposed adult marijuana use facility. All of these regulatory schemes are intended to minimize impacts,and result in the development that will not adversely impact health or safety concerns, and it is within the Board's discretion to issue a Special Permit for the modification to the existing permit that was issued in 2015. This project was also approved by the Design Review and Plan Review committees. The State regulations require low lining shrubbery for security purposes to avoid any threating incidents. The proposed lighting schematic of the property was also submitted to the Board and was also approved by the other committees as well. There was one resident who questioned the expected increase of traffic on Echo Road. SPECIAL PERMIT CRITERIA: Referencing the Special Permit (SP-2015-33), issued August 25, 2015, under the Zoning Bylaws, §174-24 (J) (C), and (K) is included with this Special Permit Modification as part of the record in this Decision. 3