04/28/2021 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Evergreen Energy, LLC 41 Evergreen Circle (Map 19 Parcel 10-9) Mashpee, MA 02649 SP-2021-32 Chairman Furbush read the requirements under the Special Permit bylaws asking if there was any safety concerns. He is most concerned with any type of disturbance, noise, excess vibration, etc. on the sites. Attorney Kirrane said this is a passive use, and there will be no vehicles going in and out on an hourly or minute basis. There is a fence behind Lot 3 that abuts Town property. Sharon read the Board of Health comments for each lot. The Health Agent said his comments from Plan Review still stand and shall be included in the ZBA Decision. Port- o-pots to be included on each lot. She also read the Town Planner comments into the record, and the Plan Review recommendations. Attorney Kirrane said most of the conditions were discussed, and his clients will agree to the recommendations and conditions. Charlie Reidy asked if there will be any construction debris brought onto either property from any site work. Attorney Kirrane said; no,just natural materials. Mr. Gould asked if there was a fence installed around the retention basin, or a rain garden. Raul said; no,there's a grate for the subsurface leaching. A rain garden would be too much maintenance for this facility, and is really only if a building was being constructed with landscaping. This will only be a grass basin that can be mowed. There were no more questions from the Board. In view of the foregoing, the Board determined the Petitioner met the criteria for a Special Permit. Upon motion duly made and seconded at the Public Hearings on Wednesday,April 28,2021,the Zoning Board of Appeals voted unanimously to issue Evergreen Energy,LLC a Special Permit under §174-25 G (13) of the Zoning Bylaws to allow for a contractor's yard on property located in the I-1 and Light Industrial Overlay District(s),at 41 Evergreen Circle, Map 19 Parcel 10-9, Mashpee, MA with the following conditions; 1. The Board has determined that the applicant meets all the conditions of a Special Permit under Mass General Law 40A Section 9. 2. Site Plan: Prepared for: Evergreen Energy LLC,Project: 30&41 Evergreen Circle, Mashpee, MA. Sheet No.: 1 of 1, Date: January 12, 2021, Drawn by: RLR/JVB, Checked by: MC, Prepared by: Cape & Islands Engineering, Drawing Title: Lot 3 & Lot 8, Proposed Site Plan Improvements. 3