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MASHPEE ZONING BOARD OF APPEALS <br /> MEETING MINUTES <br /> AUGUST 28, 2024 <br /> Mr. Morris asked the Attorney if he was aware of Section 174-11 of the Zoning Bylaws. This lot <br /> is located in multi-zoned districts. This bylaw requires that there is enough land where both criteria <br /> has to be met within an R-5 and C-2. Mr. Morris stated he denied the project application because <br /> he required more information that needs to be divided into two proposals because there is two <br /> zoning issues, and requires two different avenues to follow. This application requires two separate <br /> proposals. <br /> Mr. Serber stated that solar is allowed with a Special Permit in a C-2 zoning district, but parking <br /> lots for solar as an accessory use is allowed as of right.He stated that this application was submitted <br /> as a parking lot with solar use as an accessory on top and ground mounted solar facility in the form <br /> of a sand pit area of the parking lot. He stated he is not applying for large scale ground mounted <br /> solar. <br /> Mr. Morris stated that this proposal was submitted as large scale ground mounted solar. Small <br /> scale ground mounted solar is allowed in an R-5 residential. It is not allowed on a large scale is <br /> what was proposed. That proposal should be separate from the C-2. The C-2 is allowed on a larger <br /> scale through the Planning Board who is the Special Permit granting authority. A proposal would <br /> be required to be submitted to the Planning Board for the C-2. Mr. Morris stated that this would <br /> be a good use for this area. Mr. Morris would like to see a small scale solar in the residential area, <br /> not a large scale solar. The large scale would be denied. Two separate proposals would be required <br /> because there are two separate zoning districts. <br /> Ms. Sangeleer read the definition of small scale ground mounted solar under Section 174-45.7 <br /> Item B, as an accessory use, not a primary use. <br /> Attorney Johnston stated that this property is bisected in two zoning districts. The C-2 is located <br /> in the northern, and R-5 in the southern section. The portion of the project to appeal is the <br /> determination that the ground mounted on the southern portion in the R-5 is not allowed at all. <br /> Mr. Furbush asked the Attorney the reason for both requests submitted in one proposal. <br /> Mr. Serber stated he requires a connection with the utility with a single building permit. <br /> Attorney Johnston said that if there were two separate proposals, a car mounted solar project on <br /> the northern C-2 portion, and the lower portion would be the accessory use would be 1,750 sq. ft. <br /> Mr. Morris interrupted and said that is allowed as a principle use through the Special Permit with <br /> the Planning Board. The R-5 being the lower portion is only allowed for a small-scale. <br /> Attorney Johnston stated that would be denied. Mr. Morris stated yes it would be denied for the <br /> large scale. <br /> 11 <br />