08/24/2004 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Minutes 5 August 24, 2004 required under the terms of the special permit. The very high pile of slabs of concrete and other merchandise goes over 8 feet high and is plenty visible from the street. The plantings that were required under the special permit for screening purposes were never completed. The diesel pollution and noise from the trucks that run at all hours of the day and night disturbs its residents let alone the dust and debris constantly scattered amongst their properties. This outdoor warehouse should be moved back 200 feet for a buffer zone. Harwich Concrete has also illegally clear-cut acreage at 532 Main Street, but the Board has no jurisdiction over that matter at the moment. The Cape Cod Commission has become involved and has fined them a four-acre conservation area in the back of their property to be used as a mitigation penalty. This party feels the warehouse should be pushed back there under cover, used for additional parking and future relocation of the building now utilized at 544 Main Street. Mr. Heimberg introduces many many letters, pictures and petitions stating all of the items where Harwich Concrete is in clear violation of their special permit and, they feel, disturbing their way of life. They have made absolutely no effort to rectify this situation even after the Building Inspector and Town Zoning Enforcement Officer have issued violation notice after violation notice. Mr. Regan asks for the"minutes from the CCC meeting on August 12, 2004. Ardin Cadrin addressed the Board as well. She is an abutter of Harwich Concrete as well as a secretary to the Cape Cod Commission. She will be sending along the staff report from the CCC, which will be on September 2, 2004, and the minutes Mr. Regan asked for. She also states they are in clear violation of the 50 foot buffer zone. Abutter Michael Shelton of 10 Sturgis Lane addresses the Board as well. He leaves for work at 5:00 a.m. and sees trucks along Route 130 with their diesel engines on. It is an eyesore to say the least and the noise is unacceptable. The storage area has also increased three-fold. Don McCush of 22 Sturgis Lane addresses the Board supporting all of the issues everyone has complained about. He indicates that the clear cutting of 2 %i acres was done without a permit. Mr. Wheeler addresses the Board. He mentions all of the violation letters he has sent, repeatedly asking for the violations to be corrected, to no avail. He feels they have ' made no effort at all to correct these problems. They have had plenty of time and have not even responded to the violations notices. Attorney Mark Boudreau who represents Harwich Concrete and Christopher Wickstrom, address the Board. He has just been hired by Mr. Wickstrom and has initiated some procedures to correct some of the violations. He has recorded the special permit with the Registry, which was one of the violations. He indicates that the clear cutting was one day of digging and then they were stopped. They are going to put the 50-foot buffer in place and then another 50 feet as well. Irrigation has been implemented and they are deeding 4 acres of residential land to conservation as required by the CCC. A Construction company has been hired and they are dealing with dig safe at the moment. Mr. Regan stops Attorney Boudreau and asks him to stop insulting them. This is too little too late. The Board does not believe anything they are saying since their track record speaks for itself. Mr. Brem would like nothing better than to put a pad lock on the building and make them stop operating their business until things are corrected. Comments continue back and forth about how much damage has been done and for how long. The residents feel this would be appropriate for the time being, but clearly want something done right away. The Board comments on the outrage they feel and would like nothing better than to revoke this special permit immediately. Mr. Regan informs all of the parties that they must first speak with Town i