Laserfiche WebLink
MASHPEE ZONING BOARD OF APPEALS <br /> MEETING MINUTES <br /> APRIL 23, 2025 <br /> Mr. Serber said that is a former sand pit and has been a completely disturbed area <br /> for several years and was used to extract sand and gravel. He said that the area is <br /> heavily screened from Nathan Ellis Highway. <br /> It is located within the R-5 Zoning District that medium and large-scale ground <br /> mounted solar is not allowed. The project is almost entirely below grade so it is not <br /> seen by any homes or public rights-of-way, and the project will be completely silent, <br /> and will be located within a previously disturbed areas so no cutting of trees. <br /> The current sand pit is unfenced and will be secured to make it safer for residents. <br /> It will not add to traffic congestion, and will not add any constraints to Town <br /> services, and is not contributing to any nitrogen in the ground, and will be PFAS <br /> free. <br /> Under the Dover Amendment states that no zoning ordinance or bylaw shall prohibit <br /> or unreasonably regulate installation of solar energy systems or the building of <br /> structures that facilitate collection of solar energy expect where necessary to protect <br /> the public health, safety and welfare. <br /> Mr. Serber believes that this project has no negative effect on the public health, <br /> safety or welfare on any residents in the Town of Mashpee. This project will not be <br /> seen or heard, and no cutting of any trees. He believes that this project that is located <br /> in the R-5 Zoning District should be allowed under the Dover Amendment as of right <br /> because it will not be affecting the health, safety and welfare with the residents of <br /> Mashpee. <br /> Mr. Milbury believes that the Board is not in any position to make a decision on this. <br /> There is no approval from Conservation, and the Town Planner has provided his <br /> comments. <br /> Mr. Furbush believes that the only suggestion is that the Board deny this project, <br /> so it moves forward to Court. <br /> Mr. Reidy believes that there is not enough information for the Board to overturn <br /> the Building Commissioner's decision. He doesn't believe that there is a legal or <br /> factual basis to allow this project to move forward. <br /> 12 <br />