03/28/2012 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MARCH 28, 2012 • MINUTES Mark Harding, Treasurer, Mashpee Wampanoag Tribe. Project Architect John Racine, RGB. Senior Civil Engineer Mark D. Dibb, CA Engineering Services, LLC. Wayne E. Benson, Jr., RKB Architects, Inc. David Weeden, Attaquin's Construction. Richard Desmeule, RKB Architects. Attorney Brian Hurley. Attorney Brian Hurley said that the tribe has worked hard to cooperate with the Town. He said that the proposal reflects the Tribe's aspiration for a building that they can be proud of. Challenges to the siting of the buildinginclude the sloping topography on the property, the location of ancestral burial grounds, the location of the Pow Wow fields and the existing parking lot. Attorney Hurley stated that the turtle -shaped dome structure has profound, significant cultural meaning to the Tribe. The dome is not habitable and could be compared to a steeple on a Catholic Church. He said that the Tribe has incorporated suggestions made at the Design Review/Plan Review Committee meeting. The Tribe has also reached out to neighbors about the project. The gymnasium requires a Variance from the height requirements. Mr. Nelson read the following article which appeared in the March 23, 2012 Mashpee Enterprise: "Typically, nonpayment of property taxes would present a roadblock for • obtaining building permits in Mashpee. Since the Tribe has appealed its tax bill to a state panel, a "stay" goes into effect, allowing it to apply for permits and enabling construction of the government center to move forward, according to Ms. Mason". To Mr. Nelson's inquiries of the location of ancestral burial places on the site, Mr. Mark Harding, Treasurer of the Tribe, explained that the location of the remains of their ancestors are not spoken of outside the Tribe. He said that the Tribe maintains internal records: Mr. Nelson said that "ancestral burial places — that could bring this thing to a screeching halt". Mr. Harding reiterated that the location of the burial places of the ancestors is a sacred secret of the Tribal Commission. Mr. Cromwell stated that the Tribe has federal protection on the graves and the Tribe's ancestors are re -interred on Tribal property. He assured the Board that the Tribe would not build either on top or near the burial grounds and their ancestors' remains would not be disturbed in any way. . Mr. Wayne Benson went over details of the proposed building. The basement area contains storage for a food pantry, medical supplies, artifacts, a craft room, youth meeting room, and the Tribal judicial area. The cultural center, gymnasium, fitness area, educational area for the youth and a medical clinic will be located on the first floor. The second floor houses the governmental offices for the Tribe and the upper portion of the gymnasium. The Center will be located 350 feet from the edge of the bike path. Extensive landscaping and screening from the road are proposed. To Mr. Furbush's question, Mr. Benson said that there would not be any flammables stored in the medical area, nor would invasive medical procedures be conducted in the medical area. • Mr. Nelson asked if the entrance could be reconfigured to be below grade so that there would be no need for a height variance. Mr. Benson repeated that egress to and from the K