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 The building application was submitted to the Building Department on May 29, 2024, and the Building Commissioner issued the Certificate of Occupancy on June 7, 2024. On September 6,2024,Mr. Clapper wrote a letter to Mr. Morris, Building Commissioner stating; "It is apparent that these specifications are not met. " Unless this is rectified, I will be forced to hold the Town and the Builder liable for non-conformance. Your immediate response is required. " On September 6, 2024, Mr. Morris, Building Commissioner met Mr. Clapper at the job site. Mr. Morris wrote; "I disagree with your assertion that the buffer zone is not in compliance with the Special Permit issued by the ZBA. I am of the opinion that the site work was executed in a highly professional manner and will issue a CO with all appropriate sign offs. " On September 9,2024,Mr. Morris,Building Commissioner sent an email to Mr. Clapper; "stating that he can appeal his decision to the ZBA. " Chairman Bonvie addressed the Board and read Condition 6 of the Special Permit that was issued by the Board back on July 27, 2022. The Board reviewed the approved site plan from July 27, 2022. Mr.Eric Clapper,the Petitioner,represented himself and read his written presentation to the Board. He argued that the Building Commissioner did not enforce the requirement of Condition 46 of the Special Permit stating; "that the applicant install white pine trees 8 ft. apart, 8 ft. tall along the north boarder with the ]Oft. zone. " He believes that the trees where not planted the entire length of the north boarder. He also argued that the lighting illuminating from the building is pouring onto his property, and that the dumpster is situated too close to his property line, and was not depicted on the original site plan. Ms. Jeanne Clapper at 10 Sugar Pine Circle presented her appeal petition and read her detailed written presentation to the Board. She argued that the Building Commissioner did not enforce the requirements of Condition#6 of the Special Permit. Mr. Stephen Bernard, 7 Sugar Pine Circle addressed the Board and agreed that Condition #6 was not adhered to by the owner of the property. He believes that the Board can agree that the Building Commissioner did not support the agreement of Condition#6 of the Special Permit. A motion was made and seconded to close the public hearing.Chairman Bonvie asked if the Board would be willing to amend the motion. 3