11/09/2022 ZONING BOARD OF APPEALS Minutes (2)

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES NOVEMBER 9,2022 The Board may recall that Mr. Hynds had already installed a row of evergreen trees along the chain link fence of the Fish's property before applying for a Special Permit. The Board granted a requirement that a second row of trees at 19 feet from the property line, and the Attorney agreed that these trees be staggered, so they are offset from one another to add a greater degree of screening. His client had hoped for a 50 ft. buffer and the Board said that 19 feet was sufficient and his client's agreed, but within that 19 feet there should not be structures built or any storage of materials. Also, within that buffer if some of those trees die they would be replaced by the applicant. The Board conditioned that the operating hours were 6:30 am to 6:30 pm, 7 days a week. Attorney Senie said his clients agreed to change only that Sunday's hours to be 9:00 am to 4:00 pm. His clients agreed to a privacy fence which would be built in addition that will be 6 ft. tall on his client's side of the fence, and this is incorporated into the draft modification. There is also a provision added that when power tools are used, a condition was added that they be used indoors with the bay doors closed. These are all the changes that the parties have agreed to and that the Court has asked the Board to consider. Attorney Senie mentioned that a draft of the revised modified Special Permit document was given to Town Counsel with these items incorporated into that draft that both parties agreed to. Mr. Furbush mentioned that there are six conditions. Mr. Blaisdell said that the Board only consider the items that were just discussed. Mr. Furbush asked if there were any other items to address that were part of the agreement. Attorney Senie said; no, the other items are private contractual terms between the two parties. Mr. Furbush wanted asked if both parties agreed to these terms. They both said; yes. There were no comments from the audience or the Board. Mr.Ganzenmuller made a motion that the Board agrees to the amended Special Permit conditions set forth in "Section 1 — Items: a thru f' of the Conditional Mutual Release and Settlement Agreement of the Remand Order dated September 19, 2022. Ms. Sangeleer seconded, yes, Mr. Ganzenmuller, yes, Mr. Gould, yes, Mr. Blaisdell, yes, Mr. Furbush, yes. All were in favor to the modified Special Permit. 12