08/14/2019 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Petitioner, Thomas E. Fair (Owner of Record: Evergreen Energy LLC) 588 Main St. (21 Evergreen Circle) Mashpee, MA 02649 SP-2019-44 The applicants have been operating Fairway Lawn and Tree business for quite a while. Their base operation is located in Harwich, MA. However, their business has expanded and they are servicing more clients on the other side of the canal. So this building will provide their base operations to service customers on the upper Cape and over the bridges. The building itself is located in the I-1 Zoning District and conforms to the requirements of the bylaw. The proposed uses are also allowed uses under the bylaw provide the Board is willing to grant the appropriate Special Permit relief. The criteria that is relative to the Special Permit relief is set forth in Sections 174-24 C and C2 that the Board shall consider prior to granting such relief, such as demand on public facilities, impacts on surface and ground water quality, impacts on estuaries and other waterway systems, impacts on traffic flow and safety, impacts on endangered species and impacts on neighboring properties through excessive noise, vibrations, electrical disturbances and glare. The proposed use is relatively passive and most of the activity occurs off site. The employees will come in and order their appropriate supplies such as fertilizers to supply their vehicles for purposes of spreading those materials for lawn and tree care services. Attorney Kirrane said this is largely a storage facility with offices for the applicant's business. The project was approved by the Design Review and Plan Review committees. The design of the building was improved as recommended by the Design Review committee with additional windows and lighting. Dan Ojala, with Down Cape Engineering spoke to discuss the specifics of the site. He said that this is an open space subdivision, and is a Cape.Cod Commission DRI with huge tracks of land dedicated as open space to help protect the environment around this particular area. He said the project was presented to the Design and Plan Review committees as mentioned. There were a few Board of Health conditions for the septic system to be located underneath the parking lot.There were drainage calculations provided, and he revised the lighting plans to add natural light in all the units. Ron wanted clarification on the landscape buffer of the property. Dan said that this lot abuts an industrial zone. Ron asked Evan, Town Planner if a buffer is required between industrial and commercial. Attorney Kirrane said that if a commercial abuts a residential zone, it would increase the setback criteria. It would be a 50 ft. setback criteria. Ron asked the applicant if they would object to having the Town Engineer review this project. Attorney Kirrane said that he does not object. 2