Laserfiche WebLink
MASHPEE ZONING BOARD OF APPEALS <br /> MEETING MINUTES <br /> APRIL 23, 2025 <br /> Mr. Morris mentioned that he has denied this project four times, and as the Town <br /> Planner noted, the application is incomplete. Mr. Morris disagreed with Mr. Serber' <br /> comment regarding the safety aspects of the project. This ground mounted solar <br /> project could potentially cause safety hazards with people. Also, the Fire Department <br /> requires a path to access the area. Also, it is within Conservation jurisdiction, and <br /> requires a meeting with Design Review and Plan review, and the Planning Board. He <br /> did not ask the applicant for more information because he knows he cannot approve <br /> these projects. <br /> Mr. Serber said he did not apply with the Design Review and Plan Review because <br /> it's not an allowed use, and believe it is allowed under the Dover Amendment. Mr. <br /> Morris said that it is not allowed because it is not a primary use. He believes that a <br /> meeting with Plan Review could provide a path forward. <br /> Mr. Milbury asked the Board if a vote to continue is necessary. <br /> Mr. Alex said that he is asking the Board to vote to uphold or overturn the Building <br /> Commissioner's determination that this project is not allowed in the R-5 Zoning <br /> District. <br /> Mr. Reidy made a motion to close the public hearing. Mr. Caggiano second. All were <br /> in favor. <br /> Ms. Sangeleer addressed the Board that a vote to deny supports the Building <br /> Commissioner's determination. <br /> Mr. Reidy made a motion that the Board determine if the petitioner has or has not <br /> established a factual or legal basis to support their appeal of the Building <br /> Commissioner's determination. A vote that they have not will support the decision <br /> that Mr. Morris has made. Mr. Furbush second the motion. <br /> Ms. Sangeleer asked for a roll call vote. Mr. Milbury, no, Mr. Reidy, no, Mr. Goldstein, <br /> no, Ms. Sangeleer, no, and Mr. Furbush, no. The Building Commissioner's <br /> determination has been upheld. <br /> Mr. Serber said that he is not challenging the C-2 District, only the R-5 District. <br /> Mr. Reidy said his motion stands. He suggested that the applicant look at what to <br /> pursue. There are two items that need to be addressed, and one of them might not <br /> work. <br /> 13 <br />