08/28/2024 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES AUGUST 28, 2024 3. Proposed Building Plans: Simoneau Residence, 16 Taffrail Way, Mashpee, MA. Date: 6/18/2024, A-1 & A-2: Proposed Elevations, A-3 & A-4: Existing Conditions Plan, Prepared by: Yarosh Associates, Inc. Stamped and signed by: John A. Charron, Registered Architect No.: 952384. 4. Conditioned on all Town Department comments read into the record including but not limited to the Board of Health and Conservation Department comments, and the Conservation Agent's Administrative Approval dated December 14, 2023. 5. Any changes to the plans will require the applicant to return to this Board. 6. The Board finds under §174-17 and §174-33 that the proposed project is not substantially more detrimental than the pre-existing, nonconforming structure or use to either the Town or the neighborhood. Ms. Sangeleer, second, yes, Mr. Furbush, yes, Mr. Blaisdell, yes, Mr. Caggiano, yes, Mr. Bonvie, yes. All were in favor to issue a Written Finding. 420 Nathan Ellis Highway: Petitioner, NextGrid Persimmon LLC requests an Appeal of the Building Commissioner's Decision under M.G.L. Chapter 40A §§8 and 15. Petitioner disputes the Building Commissioner's determination that medium and large scale ground mounted solar energy systems in the C-2 Zoning District requires a Special Permit from the Planning Board subject to §174-45.7 of the Zoning Bylaws, and not allowed in an R-5 Zoning District, Map 72, Parcel 118, Mashpee, MA. (Owner of Record: OBRM LLC, Trustee of the Brickyard Road Realty Trust). Chairman Bonvie announced that he was recusing himself from this application. Sitting on this hearing was Acting Chair, Ms. Sangeleer, Board Members; Mr. Furbush, Mr. Blaisdell, and Associate Members, Mr. Caggiano and Mr. Reidy. Mr. Blaisdell asked permission to address the Board. As one member,based on his understanding of the Building Commissioner's ruling and comments from the Planning Board Chair. He did not want to waste the time of the applicants because he suspected that the Board would not overturn the Building Commissioner's ruling. Attorney Daniel Johnston, with Nutter, McClellan, and Fish, and Daniel Serber, Senior Director of Land Development with NextGrid. Attorney Johnston stated that this is an appeal of the Building Inspector's Decision that medium and larger scale solar energy projects are not allowed in the R-5 Zoning District. The property has two zoning districts. 10