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MASHPEE ZONING BOARD OF APPEALS
<br /> MEETING MINUTES
<br /> NOVEMBER 9,2022
<br /> 4. Site Plan — Prepared for 42 Spoondrift Way, Mashpee, MA. Scale: 1" = 10', Date:
<br /> November 17, 2021,Revisions: 8/16/22: Show drywells(2)at Seaward Site of Structure,
<br /> 4/5/22: Revised (Reduce) Structure Dimensions, 1/19/22 Show Spot Elevations For
<br /> Average Grade Calculation, 12/9/21 Show Coastal Bank 50', 100' offsets, 7/30/21 Add
<br /> Proposed Contours, Labels & Trees to be removed, 7/14/21 Revise House Footprint,
<br /> Update Lot Coverage.
<br /> Mr. Blaisdell, seconded, yes
<br /> Mr. Caggiano, yes,
<br /> Mr. Gould, yes,
<br /> Mr. Goldstein, yes,
<br /> Mr. Furbush, yes.
<br /> All were in favor to issue a Special Permit.
<br /> 89 Industrial Drive: Remand Hearing ordered from Land Court Barnstable Case No. 20 MISC
<br /> 000209(DRR)dated September 19,2022. Petitioner, Steven P. Hynds requesting a Special Permit
<br /> under §174-24 (C), §174-25 D(1), §174-25 G(6), G(9), G(13) and G(14) of the Zoning Bylaws to
<br /> allow for construction of a 9,680 square foot steel building for use as contractor bays, warehouse,
<br /> storage,office,and other allowed Special Permit uses on property located in an I-1 Zoning District,
<br /> at 89 Industrial Drive, Map 88 Parcel 27, Mashpee, MA. (Owner of Record: 11 Industrial Drive,
<br /> LLC).
<br /> Sitting on this hearing are three regular Board members,Ms. Sangeleer,and George Ganzenmuller.
<br /> Attorney George MacKoul represented Mr. Steven P. Hynds, and 11 Industrial Drive, LLC, and
<br /> Attorney Christopher Senie representing Jonathan and Susan Fish who live at 13 Nancy Lane that
<br /> abuts the subject property of the 2020 permit.
<br /> Attorney Senie presented his comments to the Board. He mentioned that back in May 2020 the
<br /> Board granted a Special Permit to Mr. Hynds and his company 11 Industrial Drive LLC to
<br /> construct a 9,680 sq. ft. contractor's bay building at 89 Industrial Drive. Attorney Senie appeared
<br /> on behalf of his clients at those public hearings that were two sessions. His clients had expressed
<br /> some concerns regarding adverse impact. The Board listened and incorporated some of their
<br /> concerns, and they were not satisfied enough and appealed to land court.
<br /> Both Attorney's worked through the process together with Town Counsel, and have come to a
<br /> settlement. The Board was provided a written and signed settlement agreement by Town Counsel.
<br /> The judge at land court has remanded this back to Board for consideration with a possible changes
<br /> to the Special Permit which both parties have agreed to.Attorney Senie believes that these fall into
<br /> the category of relatively minor changes;there are five of them.
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