11/09/2022 ZONING BOARD OF APPEALS Minutes

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS DECISION FOR A MODIFICATION OF SPECIAL PERMIT (SP-2020-14) Petitioner, Steven P. Hynds Owner of record: I 1 Industrial Drive, LLC 89 Industrial Drive (Map 88 Parcel 27) Mashpee, MA 02649 SP-2022-52 Said Districts call for a lot size of 40,000 sq. ft. with 200 ft. of frontage. This lot is 60,000 sq. ft., and conforms to the setback criteria of 75 ft. of frontage, 30 ft. on the side and 50 ft. on the rear. The distance of the building from the rear property line is approximately 90 ft. as opposed to the 50 ft. There are various uses that are allowed in this zoning district upon grant of a Special Permit relief, and is typical that the Board has seen in the industrial zone. These uses include wholesale businesses with storage inside and outside of the building; contractor's yards, contractor's bays, and office space all which are allowed within the I-1 Zoning District. If there are uses that are proposed that don't fit into the use categories, the Board would require them to receive their own Special Permit for the use that is not specific to those uses that have been included as part of this application project. Section 174-24 C 2 which the Board will consider in determining whether a Special Permit should be granted. That criteria relates in general to public health and safety concerns include impacts on ground and surface water, traffic, air quality, community facilities, public lands, and neighboring properties. This project was reviewed by the Design and Plan Review Committees and recommended approval to the Zoning Board. There were some concerns raised by the abutting property owner, and shortly after the owner of the proposed lot constructed a chain link fence with privacy slats and twenty seven (27) arborvitaes approximately 8 ft. apart along that fence. Attorney Kirrane said that he understands that a 50 ft. buffer be maintained as recommended by the Cape Cod Commission but it is not applicable anymore and is certainly not a requirement under the bylaw. The building is consistent with other projects that the Board has approved in the past, and are the typical uses that the Board has granted over many years. After hearing testimony, the Board continued the hearing until Wednesday, May 13, 2020. This public hearing was held remotely. The Board requested a revised site plan depicting the lot boundaries, requirements of open storage, the location of the abutter's chicken coop, and consulting engineer comments from Charlie Rowley. The Board heard comments from Attorney Senie, who represented the direct abutter at 13 Nancy Lane. Mr. Senie recommended that the Board consider a 50 ft. buffer zone on the rear property line instead of the 10 ft. buffer, he suggested reasonable hours of operation, and a more substantial barrier fence on the rear property line. There were also letters submitted by others located in the Highlands neighborhood who were not abutters within 300 ft. of the property. The Board received a revised site plan stamped by Raul Lizardi-Rivera, Civil Engineer with Cape & Islands Engineering depicting the requested revisions of the boundaries, the boat storage area, the dimensions of the chicken coop and fence location from the rear property line. The revised plan was submitted to Charlie Rowley, Consulting Engineer who will provide the Board with his cost estimate of his site review, and is the applicant's responsibility to submit payment to the Town for his inspections.