05/24/2023 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A MODIFICATION TO SPECIAL PERMIT(S) (SP-83-3-008, SP-00-167, SP-02-59, SP-2020-06) Owner, 21 Frog Pond Close, LLC 21 Frog Pond Close (Map 90 Parcel 83) 352 Mashpee Neck Road (Map 90 Parcel 97) Mashpee, MA 02649 MOD-2023-32 Attorney Kirrane stated for the record that most of the concerns raised by the abutting neighborhood, and from the letters received were traffic related; that vehicles will be entering and exiting from 352 Mashpee Neck Road to use the marina. In order to alleviate these concerns, the applicant has agreed, that all access to this parking area will be from 21 Frog Pond Close only. There will be a curb-cut access only for the residence, or an employee. There will be a stockade fence installed that will surround the parking area with a locked gate. The other concern was esthetics. There will be a fence to provide shielding from the boat storage. The boat storage will be limited to the ground, and no rack storage of boats. The other concern from the neighbors that this residence will become a restaurant, bar or yacht club. The R-3 Zoning District does not allow these type of commercial uses. Attorney Kirrane and his client agreed to those conditions. The Board mentioned there were some issues and concerns to address before making their final decision. One item was that they received Mr. Pesce's final peer review report and approval of the revised changes provided by Cape&Islands Engineering. The Board did receive Mr. Pesce's approval and that he was satisfied, and he provided the Board his final peer review report. Chairman Furbush polled the Board members for their comments. Mr. Bonvie stated for the record that he read Mr. Pesce's report, but wanted to address two items. He asked Mr. Leedham if the boat ramp on his property was open to the public or just for his customers. Mr. Leedham said; his customers. Mr. Bonvie corrected a statement he made at the last meeting that he made to the audience that the application was for a new Special Permit, it is a Modification to an existing Special Permit. Mr. Reidy read Mr. Pesce's final peer review report into the record dated June 26, 2023. Mr. Reidy mentioned to the audience that Pesce Engineering is an independent firm that the Board can call upon to answer questions that the Board is not qualified to answer,and Mark Dibb is the Engineer for Cape &Islands Engineering. Chairman Furbush asked Mr. Dibb to comment on the two items that Mr. Pesce addressed in his report. Mr. Dibb said that the plan set was revised to June 27, 2023 (issued for permit) included the appropriate engineering stamps, including the Crawford Management Landscape Plan. Mr. Dibb said that Sheet 3 provided the photometric lighting plan with the corrected lumens. Mr. Bonvie wanted to review the signed O&M report and wanted this report added to the record. The O&M report was signed by Mr. Tim Leedham, the owner of the property that he would maintain and provide the inspections that are listed on this report. Mr. Bonvie would prefer that a registered engineer will provide the inspections. Mr. Dibb said that an engineer can train an employee and/or a worker to provide inspections. 3