12/11/2024 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR APPEAL OF BUILDING COMMISSIONER Petitioner, Eric B. Clapper(10 Sugar Pine Circle) 68 Mercantile Way, Map 88, Parcel 91 Mashpee,MA 02649 AP-2024-62 This lot is situated within an Industrial Zone (I-1), and Light Industrial Zone Overlay Districts, and abuts a residential street known as Sugar Pine Circle. The bylaw §174-31 fn. (foot note) 14 states that "Commercial and Industrial Districts, any land within the side an rear lot lines shall have at a minimum a ten (10)foot vegetated buffer, either in its natural state or in accordance with a landscape plan approved by the Design Review Committee, with their recommendation made to the Zoning Board of Appeals." During the meeting on July 27, 2022,the Board heard concerns from Mr. Boyden, an abutter who resides at 16 Sugar Pine Circle regarding the clearing of the wooded area between his lot and the subject lot. He asked if the Petitioner would consider adding an additional 50-75 ft. of forested area on the North side in addition to the mandated setback requirement. Mr. Matt Eddy, Engineer with Baxter Nye confirmed that there is a 75 ft. open space strip to the north that is owned by the Town,and provides at least a 125 ft.buffer between the buildings of 68 Mercantile and the building to the north. The Board heard from Mr. Kaminski, an abutter who resides at 4 Sugar Pine Circle. He is a landscaper, and he suggested that 10-12 pine trees to be planted along that north zone. The Board heard from Mr. Clapper, an abutter who resides a 10 Sugar Pine Circle. He believed that the new building was encroaching on the residential neighborhood, but it was confirmed that there is a 75 ft. buffer between the neighboring houses and the proposed building. According to the plan that was submitted by the Baxter Nye Engineering, the building meets the required rear setbacks in the Industrial Zone. The Board deliberated and discussed the abutter concerns with the applicant and agreed to a condition to the Decision that is "Condition 6"; "that the applicant install white pine trees 8 ft. apart, 8 ft. tall along the north border within the ]Oft. zone. " The Board unanimously approved the Special Permit. There were no abutter appeals submitted during the 20-day appeal period, and the Decision was recorded at the Barnstable Registry of Deeds on August 31, 2022. Mr. Clapper submitted a letter on August 22, 2024 to the Town Planner, and carbon-copied the Select Board, Building Department, and the Zoning Board stating that he had concerns that the Town Zoning Bylaws "are not the same as other neighboring Towns, and that no peer review was performed by the Conservation Commission. " 2