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MASHPEE ZONING BOARD OF APPEALS <br /> WITHDRALWAL DECISION, APPEAL OF THE <br /> BUILDING COMMISSIONER'S DECISION <br /> OBRM LLC Trustee of the Brickyard Road Realty Trust <br /> 420 Nathan Ellis Highway, Map 72, Parcel 118 <br /> Mashpee, MA 02649 <br /> AP-2024-48 <br /> Mr. Morris asked the Attorney if he was aware of Section 174-11 of the Zoning Bylaws. This lot <br /> is located in multi-zoned districts. This bylaw requires that there is enough land where both criteria <br /> has to be met within an R-5 and C-2. Mr. Morris stated he denied the project application because <br /> he required more information that needs to be divided into two proposals because there is two <br /> zoning issues, and requires two different avenues to follow. This application requires two separate <br /> proposals. <br /> Mr. Serber stated that solar is allowed with a Special Permit in a C-2 zoning district, but parking <br /> lots for solar as an accessory use is allowed as of right.He stated that this application was submitted <br /> as a parking lot with solar use as an accessory on top and ground mounted solar facility in the form <br /> of a sand pit area of the parking lot. He stated he is not applying for large scale ground mounted <br /> solar. <br /> Mr. Morris stated that this proposal was (emphasis added) submitted as large scale ground <br /> mounted solar. Small scale ground mounted solar is allowed in an R-5 residential. It is not allowed <br /> on a large scale as was proposed,and should be submitted separately from the C-2 Zoning District. <br /> The C-2 is allowed on a larger scale through the Planning Board (emphasis added) who is the <br /> Special Permit granting authority. A proposal would be required to be submitted to the Planning <br /> Board for the C-2. Mr. Morris stated that this would be a good use for this area. Mr. Morris stated <br /> he would like to see a small scale solar in the residential area, not a large scale solar. The large <br /> scale solar would be denied. Two separate proposals would be required because there are two <br /> separate zoning districts. <br /> Ms. Sangeleer read the definition of small scale ground mounted solar under Section 174-45.7 <br /> Item B, as an accessory use,not a primary use. <br /> Attorney Johnston stated that this property is bisected in two zoning districts. The C-2 is located <br /> in the northern area, and the R-5 in the southern section. The portion of the project to appeal is the <br /> determination that the ground mounted on the southern portion in the R-5 is not allowed at all. <br /> Mr. Furbush asked the Attorney the reason for both requests submitted in one proposal. <br /> Mr. Serber stated he requires a connection with the utility with a single building permit. <br /> Attorney Johnston said that if there were two separate proposals, a car mounted solar project on <br /> the northern C-2 portion, and the lower portion would be the accessory use would be 1,750 sq. ft. <br /> Mr. Morris interrupted and said that it is allowed as a principle use through a Special Permit with <br /> the Planning Board as the granting authority. The R-5 being the lower portion is only allowed for <br /> a small-scale. <br /> 2 <br />