08/28/2024 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS WITHDRALWAL DECISION, APPEAL OF THE BUILDING COMMISSIONER'S DECISION OBRM LLC Trustee of the Brickyard Road Realty Trust 420 Nathan Ellis Highway, Map 72, Parcel 118 Mashpee, MA 02649 AP-2024-48 Mr. Morris stated and repeated that large scale solar would be denied. Attorney Johnston understood. The Board members agreed that this application should be withdrawn because it is two separate proposals, and for two separate Zoning Districts located in R-5 and C2 of the Zoning Bylaws. Ms. Sangeleer stated that the portion located in the C-2 requires a Special Permit with the Planning Board. Attorney Johnston stated that is correct, if NextGrid decides to keep the medium-large scale solar in the C-2,the building inspector would deny that, and an appeal would be submitted to the Zoning Board. Mr. Furbush stated that a correct submittal would be appropriate. Mr. Morris stated that if the application includes the "Dover Amendment", he believes that the Zoning Board does not have the authority to interpret the Dover Amendment because it is not in the bylaws. Attorney Johnston requested a withdrawal without prejudice and will submit two separate applications to the Building Commissioner. Upon motion duly made and seconded at the Public Hearings dated August 28, 2024, the Zoning Board of Appeals accepted the withdrawal without prejudice requested by Attorney Daniel Johnston, with Nutter, McClellan, and Fish, and Daniel Serber, Senior Director of Land Development with NextGrid, regarding the appeal of the Building Commissioner's determination that medium and large scale ground mounted solar energy systems in the C-2 Zoning District requires a Special Permit from the Planning Board subject to §174-45.7 of the Zoning Bylaws,and not allowed in an R-5 Zoning District, Map 72, Parcel 118, Mashpee, MA. (Owner of Record: OBRM LLC, Trustee of the Brickyard Road Realty Trust). 3