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Town of Mashpee <br /> 16 Great Neck Road North <br /> Mashpee, MA 02649 <br /> MASHPEE ZONING BOARD OF APPEALS <br /> WITHDRALWAL DECISION,APPEAL OF THE <br /> BUILDING COMMISSIONER'S DECISION <br /> AP-2024-48 <br /> Petitioner,Next Grid Persimmon LLC Doc. 1365358 <br /> Owner of Record: OBRM LLC, Trustee <br /> of the Brickyard Road Realty Trust <br /> 420 Nathan Ellis Highway <br /> Map 72, Parcel 118 <br /> Mashpee, MA 02649 <br /> A Petition was filed on July 23,2024 by Petitioner,NextGrid Persimmon LLC requests an Appeal <br /> of the Building Commissioner's Decision under M.G.L. Chapter 40A §§8 and 15. Petitioner <br /> disputes the Building Commissioner's determination that medium and large scale ground mounted <br /> solar energy systems in the C-2 Zoning District requires a Special Permit from the Planning Board <br /> subject to §174-45.7 of the Zoning Bylaws, and not allowed in an R-5 Zoning District, Map 72, <br /> Parcel 118,Mashpee,MA. (Owner of Record: OBRM LLC,Trustee of the Brickyard Road Realty <br /> Trust). <br /> Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. <br /> Notice was given by publication in The Mashpee Enterprise,a newspaper of general circulation in <br /> the Town of Mashpee, on August 9, 2024 and August 16, 2024. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of <br /> Massachusetts General Laws Chapter 40A §§8 and 15 and the Town of Mashpee Zoning By-laws. <br /> Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, August 28, <br /> 2024 at which time the following members of the Board of Appeals were present and acting <br /> throughout; Acting Chair, Sharon Sangeleer, William A. Blaisdell, Jonathan Furbush, and <br /> Associate Members, Charles Reidy, and Robert Caggiano. Also present was David Morris, <br /> Building Commissioner. <br /> Mr. Blaisdell addressed the Board speaking as one member. It was his understanding based on the <br /> Building Commissioner's ruling and comments from the Planning Board Chair, that the Board <br /> would not overturn the Building Commissioner's ruling. <br /> Attorney Daniel Johnston, with Nutter, McClellan, and Fish, and Daniel Serber, Senior Director <br /> of Land Development with NextGrid. Attorney Johnston stated that this is an appeal of the <br /> Building Inspector's Decision that medium and larger scale solar energy projects are not allowed <br /> in the R-5 Zoning District. The property has two zoning districts. <br /> I <br />