08/14/2019 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Petitioner, Modi, LLC (Owner of Record: Evergreen Energy, LLC) 588 Main St. (10 Evergreen Circle) Mashpee, MA 02649 V-2019-45 The second item that was discussed earlier is the vegetative drainage basins and swales. The plan that has been provided depicts a vegetative drainage and swale on the site which represents about 6% of the naturally vegetative area on the project. So between the hole in the front, and the natural vegetative area where the drainage basin and swale will be,there is 14%undisturbed area. In addition,there will be more parking spaces requested than what the bylaw requires. This is also a concern because the applicant feels that the minimum required parking bylaw is not sufficient to address the needs of his business.That area will cut a little into the naturally undisturbed area of the lot. There is a public safety basis for allowing this parking because people will end up in the street. Attorney Kirrane said that this parking is necessary, and is a significant safety and liability requirement. In his written remarks,he attached a copy of the subdivision plan that shows the 25 acres of open space which will be deeded to the Town of Mashpee pursuant to the requirements of the Cape Cod Commission.Even though the 26%request as opposed to 40% on this particular lot, there is 25 acres of open space that will be controlled by the Town, so the purpose and intent of the bylaw is protected, and that 25 acres more than adequately provides the type of protection that would ordinarily be available if 40% of the lot retained in its natural state. He would like move the project forward to the Planning Board and present a plan to them that shows 26% undisturbed naturally vegetative area on this lot as opposed to 40%,and a Variance of 14%from that 40%requirement.The building is attractive and would be a very welcoming addition to the Town. There were two abutters present that were opposed to the Variance request. There were no written comments from the Town Departments. Evan Lehrer, Town Planner addressed the Board stating that the depression on the site is a natural depression not created by man-made activity, and as such when the DPW put in a drainage infrastructure on Main Street, they took advantage of that natural depression and used it as a water discharge onto the site over Main Street. The DPW is aware of the situation with the applicant, and his intention of filling this area. The perception could be that any private property owner will not grant the ability to use this section of the site and the Town continues to use this area as discharge without an easement. That is an issue with the applicant that the Town needs to work out. Attorney Kirrane said that the property will retain a significant portion of the area as undisturbed as shown on the plan, and if there is any activity outdoors in front of the building, it requires a screen, and his client will be more than willing to provide screening on those areas of concern. There were no more comments from the Board or audience. 3