11/13/2019 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION APPEAL OF ZONING/BUILDING OFFICIAL Petitioners, John and Susan Fish RE: 89 Industrial Drive (Map 88 Parcel 27) Mashpee, MA 02649 AP-2019-55 Mr. Senie said that the most impact on this case is Section 174-41 with the question how close could parking or other uses be to this property line. He also reviewed a larger map of the property and the area that divides the residential and commercial property and shows the 50 ft. natural buffer. He mentioned that this natural buffer was entered into an agreement with the Cape Cod Commission and the Mashpee Industrial Park Trust Development. This agreement expired in 2007, and it had a 10-year term. The agreement of the Mashpee Industrial Park Trust (MIPT) while in affect would record a restrictive covenant on the land records that would protect the buffer permanently, and it would endeavor in good faith to get other lots within the park that had already been conveyed out, and were not part of this agreement. He said that as far as he knows, neither of these items happened. He knows that the Board cannot enforce this agreement, and realizes that this is non-existent. However, he pointed out the differences in the commercial and residential zones, and that this has long been observed even though they were not done according to the development agreement. He provided the 2017 GIS Map that shows all of the industrial lots in the area bound to the south are observing the 50 ft. no -touch natural screening buffer. Attorney Senie provided photographs of 89 Industrial Drive depicting the possible removal of the natural buffer and some large trees. He also had photos showing the storage of boats. He said a large quantity of soil was removed, gravel was brought in and was treated and leveled. There were a few trailers and one boat all of which is shown and was the 50 ft. buffer. Mr. Senie wrote a letter to the new owner on July 22, 2019 which he read into the record. He requested that the ZBA issue a cease and desist order to the owners of 89 Industrial Drive. He believes that the Board can issue this order because there is no Special Permit for this work that was performed. Mr. Gould asked the Attorney if he had any contact with the Cape Cod Commission. Attorney Senie said he contacted Attorney Jessica Wielgus, and asked her if the Commission would enforce this agreement. She told Attorney Senie that the Commission cannot enforce it because it expired and hoped the Town would respond to this as a Zoning matter. Chairman Furbush asked what the MIPT involvement. Attorney Senie said that the Town took title to this property to try and further inspire more people to take advantage of the industrial zoning that was put in place. Some of the lots had been conveyed out after the subdivision was approved but not many. So the Town formed a Trust and worked with the CCC so that no one going in the park would need to submit approval to the Commission for a project. The Trust was in charge of this property. There is no Special Permit under the Trust. 2