12/13/2023 ZONING BOARD OF APPEALS Minutes (2)

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A MODIFICATION EXTENSION OF SP-2015-33; SP-2019-36; SP-2020-28; MOD-2023-08 Owner of Record: Triple M Management Company, LLC 29 Echo Road (Map 19, Parcel 3-9) and, Owner of Record: Triple M Management Company, LLC 41 Echo Road (Map 19, Parcel 3-8) Mashpee, MA 02649 MOD-2023-69 Attorney Kirrane stated he had a discussion with Mr. Morris and reviewed the Project Status & Schedule dated January 19, 2024, which he believes is 99% accurate except for the issue of the wing structures. He is deferring to Mr. Morris' recommendations of the wing structures, his client is willing to accept those recommendations,and that the Board is willing to accept the modification with those conditions in accordance with Mr. Morris' recommendations. The timeline of the project would require to get the work completed by the end of May. During that time,Mr. Morris' will request a demolition permit to remove the wing structures before issuing an occupancy permit, and within 7-days of that occupancy permit,the wing structures will be torn down. Mr. Morris stated for the record that the Project Status& Schedule Report dated January 19,2024 is not accurate under the Special Permit SP-2019-28, Condition numbers 5, 6, and 7. The recommendations are that the buildings needs to be sprinkled before occupancy, a permit needs to be in hand,the wing structures need to be vacated, and remove the wing structures entirely within 7-days after issuance of the certificate of occupancy. Mr. Phelan stated his primary concerns are Condition 6 & 7. The (CCC) Cannabis Control Commission will not do their inspection until they receive a Certificate of Occupancy. He stated that he cannot sign off on the demo permit until all the utilities are disconnected. He did receive sprinkler plans for both the main building and the new addition that meets code requirements. The issue is that the wing structures require a sprinkler system because they are attached to the main building. Mr. Phelan believes this is a hardship for the applicant because they would require a reconfiguration of the entire sprinkler system. Mr. Phelan said that he would be able to sign off on the demo permit when all the utilities are disconnected, and agrees with the Building Commissioner to comply with the original special permit conditions. However, there may be a delay with the CCC. The Board wanted to know what needs to be done to be compliant. Mr.Phelan stated that the main building is already sprinkled but is not functioning. The sprinkler system can be installed fairly quickly in the new addition, and tested within two-three days. Mr. Bonvie is concerned with safety issues. Mr. Morris recommends that the wing structures are vacated. Mr. Morris stated for the record that the applicant needs to apply for a demolition permit for the wing structures per Special Permit SP-2020-28 conditions 6 & 7 prior to issuance of certificate of occupancy,and then demolish the wing structures upon issuance of demolition permit 7-days after certificate of occupancy to be accomplished by May 31, 2024, and then 7-days after, the wing structures are to be demolished. 3