04/23/2025 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES APRIL 23, 2025 This lot is split zoned between R-5 and C-3. In my opinion, if they keep the project entirely in the C-3 portion of the lot, they can apply for a PB Special Permit assuming it is still Med. to Large Scale and they would also then go through Plan Review Committee. The Site Layout Plan does not show the property lines nor access to ways. It also proposes temporary access and no permanent emergency access. The plans further provide no zoning analysis. No decommissioning plan has been submitted. No glare study has been submitted. "Their presentation indicates Solar is only allowed in I-1 and that is a misrepresentation. It should be clearly communicated both on the record and in the decision that: 1. All zones allow for roof mounted solar, 2. Small scale ground mounted solar is allowed in all districts as of right as an accessory use per S. 174-45.7 B.1.; 3. Med./Large Scale Ground Mounted Solar is allowed in C-2 via a PB Special Permit per S. 174-45.7 B.2.; 4. Med./Large Scale Ground Mounted Solar is allowed in I-1 via Plan Review Committee Approval per S. 174-45.7 B.3. (Emphasis added). "It should likewise be noted: If the applicant were to apply for a Special Permit for the C-3 zoned section of the lot, the application would go through both Plan Review Committee and Planning Board approval, including Town Official (inc. Health, Police and Fire) and Town Engineer review of the plans for important public health and safety issues like emergency access, a decommissioning plan, a storm water management plan, a glare study etc. The record and decision should reflect the applicant's elected approach circumvents these public health and safety controls in the relevant provisions of the by-law. It may also be worth noting that the 2023 expansion of Mashpee's Zoning Code to include C-2 and C-3 via Special permit was at least in part in response to the Tracer II v. Waltham decision the applicant relies heavily on in its narrative." "I would also recommend you request the applicant submit documentation as to the remaining developable land in R-5 since it appears to be hanging its hat on the percentage argument, i.e. the numbers should expressly carve out land that is restricted for conservation, open space, is a state or national park or preserve, belongs to the Tribe etc. The applicant should also include in its submission estimates of the areas that allow med/large scale ground mounted solar via Special Permit in C-2 and C-3." 10