09/08/2004 ZONING BOARD OF APPEALS Minutes

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y Mashpee Zoning Board of Appeals Minutes 2 September 8, 2004 Sitting: Robert Nelson, Marshall Brem, Richard Guerrera, and James Regan. Present: Frederick Borgeson and Zella Elizenberry. . This matter was continued from August 24, 2004. Attorney Sydney Heimberg who represents Henry Desrosiers of 561 Main Street, addresses the Board again. Mr. Heimberg presents more testimony about the damage that Harwich Concrete has caused his client both to his home and to his quality of life. Thus far, some minor plantings have been put in only about 1/3 of the way down and this is clearly not enough to solve the problem. Mr. Heimberg submits numerous pictures, lengthy letters and many more instances of inconvenience that Harwich Concrete has caused. The Board feels that they have the complete picture of what the problem is and feel Mr. Heimberg has clearly made his point. Mike Shelton of 10 Sturgis Lane also addresses the board. He tells the Board that bushes are only about 2-3 feet tall and clearly inappropriate after all of these years of waiting for them to clean it up. He feels they need to be told exactly what to do because obviously the do not know what to do. The Board now hears from Attorney Boudreau for Harwich Concrete and Mr. Wickstrom. He informs the Board that his client is now in compliance with the Special Permit of 1997. He tells the Board the evergreen trees are 5 feet tall and not 3 feet tall and that the stacks have been lowered to the six foot level. They have also hired a landscape architect and will install irrigation for the 30 foot buffer zone. There is discussion back and forth between the Board, Attorney Boudreau and Attorney Heimberg as to how much is appropriate and what will need to be done further to accommodate the residents that have been so devastated by this illegal activity. Mr. Nelson has looked into the matter of the the illegal parking of the trucks that make deliveries to Harwich Concrete. He would like to suggest that the ZBA submit a letter to the Board of Selectmen having them issue a"no parking zone" and "tow zone area" 800 feet both ways from Echo Road along Main Street. He further states that having the police department and the DPW involved, a tow zone area would further hinder the parking as well. The Board feels this would be a good solution for the moment. Mr. Regan asks Mr. Wickstrom how many people would be affected if they closed the Mashpee office. Mr. Wickstom said 8 people at Mashpee and a total of 50 people together with his Harwich plant because he has so much business connected with Harwich that he would have to close that plant down as well. Mr. Regan asked again, how many in Mashpee—he answered 7-8 people. Marshall Brem makes a motion to have a letter submitted to the Board of Selectmen issuing a no parking zone and tow zone along Main Street 800 feet both ways from Echo Road. Robert Nelson seconds the motion. All agree. So moved. Mr. Regan asks the Board for their thoughts on the matter. Marshall Brem: feels the permit should be revoked—and/or post a large bond to get everything done, since hitting them in the pocket books is the only way to get their attention. Richard Guerrera: He feels the Special Permit should be revoked.