03/08/2023 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A MODIFICATION TO SPECIAL PERMIT (SP-97-73) Owner, Mashpee 151 Properties, LLC 425 Nathan Ellis Highway (Map 72 Parcel 56) Mashpee, MA 02649 MOD-2023-15 • Site Development Plans, 4 sheets, dated February 3, 2023, and revised March 29, 2023. • Stormwater Management Report and Design Calculations, dated March 9, 2023, and revised March 29,2023. • An email from Mashpee Fire Chief, Jack Phelan regarding responses from Mark Dibb, to Ed Pesce's comments dated April 6, 2023. Chairman Furbush said Mr. Pesce was satisfied with the revised plans; however,there were two minor issues; a landscape plan was requested, and receipt of a signed& dated O&M Stormwater plan. Mr. Dibb provided an O&M plan for the Board and he mentioned a landscape plan was not necessary because the construction is in the rear of the building. He mentioned that there will be natural vegetation surrounding the proposed swale basin. There's at least 20 ft. of vegetative buffer, and an existing 40 ft. from the paper road that will provide an additional buffer between the abutting properties. Mr. Dibb mentioned that the property manager has read the O&M report, and the plan is designed for a 100 year storm event. The Board read a letter into the record from the abutter Ms. Joanne Peters dated March 8, 2023. Mr. Furbush asked if some extra vegetative plantings could be installed. Attorney Kirrane provided the Board an aerial color photo of the area that depicted the existing vegetation and where the swale will be installed. He explained that the natural vegetation will remain. Mr. Bonvie mentioned that the paper road may be a concern if it is disturbed, and there is no vegetative separation. Ms. Joanne Peters, of Sassacus Road was present and she described that there are existing scrub pines between the parking area and her house. She mentioned that there's a walking path beside the paper road that is utilized by pedestrians from the neighboring properties. Ms. Peters mentioned that the parking spaces in the store parking lot are diagonally situated, and the lights from the vehicles entering and exiting is obtrusive to her property. Attorney Kirrane mentioned that the parking spaces will be corrected, and one of the light poles is being replaced with downward lighting to lessen the projected impact. Mr. Bryan Anderson, Owner of Andy's Market addressed the Board and explained that the area of concern is along the lot line of Sherman-Williams. He mentioned that Sherman-Williams was supposed to provide more plantings but only two arborvitaes were installed. Mr. Anderson offered to plant at least ten(10) arborvitaes on Ms. Peters' property. 2