04/28/2010 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS Petitioner: Capewide Enterprises, LLC Owner of record: J. Bruce MacGregor and John J. Paulding Mashpee Industrial Trust, c/o Coastal Management 153 Commercial Street Mashpee, MA 02649 SP-10-15 Fifteen parking spaces will be provided. The balance of the site will provide space for normal contractor operation, yard storage and material storage. There is a dumpster area for daily normal business operation disposal. The proposal meets or exceeds the storm water management requirements of the Zoning ordinance. The proposal does not require any relief from the Zoning By-law setback requirements. The proposed septic system is being reviewed by the Board of Health. The Design Review Committee and Plan Review Committee have submitted their recommendations on the proposal. Mr. Richard Capen stated that the 24 refuse containers are kept in customers' yards. He said that there would be no more than 10 or 11 containers stored on the subject property at any one time. Mr. Nelson asked for clarification of the proposed large amount of paving. Mr. Capen said that the paving on the proposal was limited to what was absolutely required. Mr. Junqueira said that a certain amount of paving is required in this type of industry. He explained that the paving helps to maintain a clean and aesthetically pleasing appearance of the yard, trucks and equipment. Mr. Nelson stated that the Board's decision to hire Mr. Charles Rowley, an outside engineering consultant, will protect the interests of the Town. Chapter 593 of the Acts of 1989, adopted by the Mashpee Zoning Board of Appeals on July 11, 1990, is designed to empower the Board to hire consultants at the Petitioner's expense. Funds received from the Petitioner shall be deposited in a separate account. At completion of work, any excess funds shall be returned to the Petitioner. Mr. Nelson brought up the potential difficulty if the Department of Public Works decides to change the location of the proposed curb cut. Mr. Eddy assured the Board that he would be working closely with DPW Director Catherine Laurent. The letter from Catherine Laurent, Director, Department of Public Works, was received by the ZBA office on April 28th and the Board did not get an opportunity to read it until the hearing. Ms. Laurent expressed concern with the deteriorating condition of the road, which impacts use of the road, including emergency access. She recommended any approval of the Special Permit for 153 Commercial Street be conditioned at a minimum upon the correction of the drainage problem in the above area". 2