05/26/2021 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Petitioner, Pastore Excavation, Inc. (Owner of Record: Chapter Closed LLC) 40 Evergreen Circle (Map 19 Parcel 10) Mashpee, MA 02649 SP-2021-34 Section 174-25 G (13) allows for the use of this property as a contractor's yard in this industrial zoning district upon the grant of Special Permit relief by the ZBA. Section 24 C describes the general criteria that the Board will determine whether or not to grant or deny that Special Permit relief. In general, the Board must find that the proposed development and use will not adversely affect public health or safety, etc., as written in the bylaw. There is adequate off street parking and will not cause any excessive erosion or cause increase runoff onto neighboring properties, onto any natural river, stream, pond or water body, and will not otherwise be detrimental to the Town. Most of those categories are not applicable in this particular instance because there are no waterways, fisheries, or any specific habitat in this area, and all water runoff will be retained on the site. The primary use will be the parking of construction vehicles used by the applicant so there will not be any erosion runoff onto neighboring properties. There is no excessive traffic or noise, radioactivity, glare or electrical disturbances that would be created by this use on this particular site. The sight will be fenced in,and employee parking for any vehicles or equipment that might be utilized during the day, so there should be no issues relative to off street parking. Mike McGrath explained the areas of concern, and highlighted the improvements on the plan that will be made to the site.There will be a 6 ft. fence around the parameter to provide security for storage of equipment and materials. Mike explained the details of the drainage basins that will be installed to maintain the quantity of water flow, and sediment control. He mentioned that there's a State mandate water prevention program to follow. There will be lighting installed on two sides of the property. There is also a preserved landscape area to provide some greenery, and a gravel parking lot for any vehicles, and the proposed sign at the entrance of the lot. There is no additional vegetation added, but the Board could condition that a row of arborvitaes be installed. Mr. Furbush mentioned that there are some high-end businesses in the area, and he would like to see a more vegetative buffer along the front and the west side of the lot. He has no problem with storage of materials, but the contractor's yard should not become a nuisance to the neighboring businesses. Mr. Bonvie wanted to confirm that there will be no stock piles stored onsite, or any processing or a crushing plant which can produce noisy conditions. There was a discussion regarding potential damage to other buildings if there was any screening processing machinery at this location. 2