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 Bill Blaisdell noticed that the changes to the building were addressed that were requested by the Design Review committee. Ron asked Evan,Town Planner if the Planning Board ever had input or conditioned an approval in reference to a rain garden on a maintenance plan. Evan said he could not answer that question without any specificity. He said maybe it would be an appropriate condition that adequate maintenance could be required as a condition of the special permit to maintain the rain garden. Evan said that the Planning Board will often require a storm water maintenance plan,and that maintenance plan would be accepted as part of the special permit, and that plan would outline the criteria that the special permit recipient would be required to maintain their storm water infrastructure. The consulting engineer would make the inspections and are triggered upon requests of the applicant to either modify the special permit or inspections would be placed as a condition of the special permit. Dan Ojala commented that it's very smart that the Town encourage rain gardens, and even a marginal one is better than dumping into catch basins. There's a lot of vital activity with top soil. He said he would not discount grass because it's a very strong absorber of nitrogen. The size of rain gardens has to be significant to have beneficial impact. Jonathan wanted to know if 21 Evergreen Circle was asking for a Variance from §174-25.1 (1). Attorney Kirrane said it is not applicable, and is only applicable to the C-3 Zoning District. Evan said that there are only two lots that front on Main St. that are in the C-3 Commercial Zone. Everything beyond those two lots down Evergreen Circle are in the I-1 Zoning District which are not applicable under the bylaw Section 174-25.1 (1). There were no more comments from the Board. The Board of Health and Conservation comments were read into the record. Charlie Maintanis commented under Section 174-37 location of parking facilities. There are a couple of parking spaces in the front of the property but they are for handicapped access which is the safest closest location. There is no relief required. Attorney Kirrane said that the handicapped parking is located at the safest location and not near the flow of traffic. There were no more comments from the audience. 3