01/24/2024 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JANUARY 24,2024 29 Echo Road and 41 Echo Road: Petitioner, 3M Ventures, Inc., d/b/a Triple M Management Company, LLC requests a modification under §174-24 (C) (9) (c) (e) of the Zoning Bylaws, and condition#5 of the Special Permit Decisions: SP-2015-33; SP-2019-36; SP-2020-28;MOD-2023- 08 to extend the date for completion of construction from its previously extended date of December 31, 2023 to May 31, 2024 on property located in the 1-1 and Light Industrial Overlay Zoning Districts, Map 19 Parcels 3-8 and 3-9, Mashpee, MA. (Owner of record: Triple M. Management Company, LLC.). (Continued from December 13, 2023 hearings at the request of the Attorney). Attorney Christopher Kirrane represented the applicant's request for a continuance of the modification. The Board wanted to receive definitive comments from both Mr. Morris, Building Commissioner and Mr. Phelan, Fire Chief. Attorney Kirrane stated he had a discussion with Mr. Morris and reviewed the Project Status & Schedule which he believes is 99% accurate except for the issue of the wing structures. He is deferring to Mr.Morris' recommendations of the wing structures,and his client is willing to accept his recommendations. If the Board is willing to accept the modification with the condition and in accordance with Mr. Morris' recommendations. The time line of the project would require to get the work completed by the end of May. During that time, Mr. Morris' will request a demolition permit to remove the wing structures before issuing an occupancy permit, and within 7-days of that occupancy permit,the wings will be torn down. Mr. Morris stated for the record that the Project Status & Schedule Report dated January 19, 2024 is not accurate under the Special Permit SP-2019-28, Condition numbers 5, 6, and 7. The recommendations are that the buildings needs to be sprinkled before an occupancy, a permit needs to be in hand,the wings need to be vacated, and will require to remove the wing structures entirely within 7-days after the issuance of the certificate of occupancy. Mr. Phelan stated his primary concerns are Condition 6 & 7. The (CCC) Cannabis Control Commission will not do their inspection until they receive a Certificate of Occupancy. He stated that he cannot sign off on the demo permit until all the utilities are disconnected. He did receive sprinkler plans for both the main building and the new addition that meets code requirements. The issue is that the wing structures require a sprinkler system because they are attached to the main building, but will be torn down. Mr. Phelan believes this is a hardship for the applicant because they would require to reconfigure the entire sprinkler system. Mr. Phelan said that he would be able to sign off on the demo permit when all the utilities are disconnected, and agrees with the Building Commissioner to comply with the original special permit conditions.However,there may be a delay with the CCC. The Board wanted to know what needs to be done to be compliant. Mr. Phelan stated that the main building is already sprinkled but is not functioning, but the sprinkler system can be installed in the new addition fairly quickly, and tested within two-three days. 13