09/14/2011 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT Owner of record: The Community Bank. Petitioner: Franey Medical Laboratories, Inc. 52 Mercantile Way Mashpee, MA 02649 SP-2011-32 The Design Review Committee and Plan Review Committee have approved the project with their recommendations. The Fire Department has confirmed that it has adequate access to the property. Mr. Nelson commented that the proposed building does not look like a typical metal commercial building. He said that the peaked roof will make the building appear to be simply an attractive, large house from a distance. Attorney Kirrane stated that the laboratory function involves the preparation of specimens (which are almost exclusively urine and collected off-site), analysis of the specimen, and generation of a report for transmittal to the client. Deliveries are made by small company cars and via UPS or FED-EX trucks. Hours of operation will be Monday through Friday from 8:00 a.m. to 5:30 p.m. Attorney Kirrane stated that the proposed use is far less intense in nature than the commercial contractor bay use approved for this site by the ZBA in 2008. He said that the proposed location of the medical laboratory facility will be 100 feet farther away than the buildings proposed in the 2008 Decision. Attorney Kirrane assured the Board that there will be no adverse impacts on public facilities, surface and groundwater quality, traffic and neighboring properties. All runoff on site will be retained and dispensed into vegetated drainage facilities. The proposal will not generate excessive noise or hazardous waste. Mrs. Joan Pietrzak of 28 Sugar Pine Circle expressed concern with leaching of toxic materials into the groundwater. Mr. Eddy said that the Title V septic system will be located in the rear corner of the property, more than 100 feet from any residential wells. The leaching field is 100 to 200 feet away from any residential wells. Mr. Robert Franey said that all specimens are retained for 30 days and then disposed of according to strict guidelines regulated by the federal Clinical Laboratory Improvement Act and the state Department of Public Health. He also said that any materials that are toxic to the aquatic environment are not disposed of into the septic system. After a brief discussion with the Board, the Petitioner agreed to submit a sum of $3,000 to the ZBA office, which will be deposited into an account from which the ZBA consulting engineer will be paid. Messrs. Scott Gabriel, Richard Boyden, and Seth Zarum, abutting residents of Sugar Pine Circle, requested that the Petitioner maintain the current 40-foot buffer zone between the subject property and their properties. They also insisted that Leyland Cypress plantings would be preferable as privacy screening. Attorney Kirrane said that the Petitioner looks forward to future expansion and By-laws require only a 20-foot buffer. Eddy said that the Town's Design Review/Plan Review landscape architect recommended plantings of White Pine, a large, fast-growing native tree. 2