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Board starts work on rule changes to curb construction 'attractive nuisances'

Mashpee Planning Board · August 6, 2026
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Summary

After complaints about large dirt piles and open trenches, the board instructed staff to draft language adding construction‑period inspection requirements and standard special‑permit conditions to prevent 'attractive nuisance' conditions; staff recommended starting with inspection procedures before broader zoning changes.

Board members opened a broad discussion about recurring construction‑site problems — unattended piles of soil, open trenches, staging of materials and unused equipment — and whether the rules and regulations governing subdivisions and special permits need changes. The chair said adding a clear condition to special permits would give the building commissioner enforcement authority; staff and the consulting engineer recommended strengthening preconstruction meetings and inspection procedures as the first step.

Members debated whether to amend the board’s rules and regulations, the special‑permit regulations, or town code. The town planner and board engineer recommended starting with the site inspection procedures and adding standardized special‑permit conditions so contractors understand expectations up front; if that fails to provide enforcement “teeth,” the board may consider zoning or bylaw changes. Staff agreed to draft redlined wording for the rules and to work with the building department on enforceability.