04/28/2010 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Minutes Board of Appeals April 28, 2010 for that zone and will offer a nicer appearance than the steel frames with cheap facades of the other buildings in that location. Mr. Nelson explained the ZBA's decision to hire Mr. Charles Rowley, an outside consultant, will protect the interests of the Town. Mr. Junqueira said that he had no problem with that. Mr. Nelson asked the Petitioner if $3,000 sounded like a reasonable amount. He said that a separate bank account would be set up for purposes of paying for the consultant fees. Any balance would be returned to the Petitioner. Mr. Junqueira asked for the scope of Mr. Rowley's involvement in the project. Mr. Nelson explained that Mr. Rowley would consult the Board on everything on site and the Building Commissioner would be responsible for inspecting the building. Mr. Eddy asked if the ZBA would entertain the idea of approving the proposal, with conditions being based on satisfactory compliance with changes as recommended by Mr. Rowley and as determined by the ZBA. He said that the Petitioner, is on a strict time constraint with the Purchase and Sale Agreement and would appreciate having the Appeal period start as soon as possible. Other conditions could include installation of evergreen vegetation, white pines, arborvitae and a permanent sediment barrier. . Mr. Nelson said that some of the existing vegetation on site could be transplanted for that purpose. Mr. Nelson brought up the subject of obtaining a permit for a curb cut from the Department of Public Works. He said that there would be a problem if DPW decided to • change the location of the proposed curb cut. Mr. Eddy said that he would be in contact with the DPW Director. The letter from Catherine Laurent, Director, DPW, was received by the ZBA office on April 28`h and the Board did not get a chance to look at it until the hearing. It reads as follows: "A Special Permit is being requested for development of a vacant lot in the Mashpee Industrial Park. The owner of record for the lot is the original developer of Industrial Drive. 0 For your information, Industrial Drive is a private road. Overall, the condition of the road is deteriorating, due to the apparent lack of maintenance and increasing vehicle load. Maintenance or the lack thereof is the decision of the developer and/or property owners. A hazardous situation has developed on Industrial Drive, however, which impacts use of the road, including emergency access, and which will continue to worse if not 'addressed. Approximately 500 feet from the Intersection of Industrial Drive with Route 28 is a low point in the road (see attached map). While there are some drainage structures in this area, they have either failed and/or are inadequately sized. Consequently, during a significant rain storm, the road floods to the extent that it becomes impassable to E