05/12/2021 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES MAY 12, 2021 Evan said that the zoning bylaws specifically empowers any permit granting authority to seek input from an outside consultant.The Planning Board generally has its own consulting engineer, and a budget of line items specifically for that purpose to provide a steady flow. He is able to submit the application immediately because there's a line item, but the Board of Appeals lacks this line item, and there has to be funds available to engage with a consultant. A check is held in escrow, and released and drawn down upon when the site inspections or peer review is completed. Mr. Bonvie is a peer review advocate at the tenth degree. He works with several communities that involve peer review. As one member of the Board, he is not able to approve engineered plans. His questions to the Board are; at what point is a peer review required or not required. Generally, the Board will ask for a peer review for an applicant, and will add a month or two to the process. The Chairman moves the project forward as quickly and efficiently as possible, and avoid any issues for the Town. The Planning Board has a Town Planner to get involved for a peer review, and generally performs the administrative tasks to supply the Planning Board with anything related to a peer review. How could the Board of Appeals peer review process be established, and who would be the person tasked with this process. Lastly, when a motion is made that may need peer review, the motion would include the verbiage as follows; "that this plan needs to be reviewed and approved with any changes needed with a consulting engineer, and all fees paid by the applicant, and upon completion prior to occupancy the consulting engineer would have to inspect and sign off that the project is in substantial compliance with the plans approved." How would the Board interject an exterior peer review process with the staffing available? Mr. Furbush asked how the process would work if the Board of Appeals is generally the last meeting that the applicant requires. How does the Board of Appeals work through the peer review instead of at the last minute? Evan commented that there is not anything technically inadequate with Ron's motion with a cooperative petitioner or applicant. If there's a major or a moderate design issue on the plan that the Board approved that needs to be rectified, and any sight changes that need to occur on the ground or subsequent site inspections, the plans will not reflect any of those on-the-ground changes. The consulting engineer can certify the changes that happen but nothing on record either at the registry or local files. In discussing the recommendations made at Plan Review, only the Board of Appeals is empowered to authorize a peer review. No other entity can initiate the process. Since Charlie Rowley has retired, the Planning Board will not have a budget but will setup a 53G Escrow Account, and will modify the schedule of fees to require submission or retainer to be submitted with the application. The peer review is pre-authorized by a vote of the Board, and upon submission of the application, an escrow account get funded with a minimum retainer to be held in escrow, and to be drawn down upon for purposes of a peer review and subsequent site inspection. All the money that remains will be returned to the applicant. 3