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MASHPEE ZONING BOARD OF APPEALS <br /> MEETING MINUTES <br /> MAY 22,2019 <br /> Mr. Bonvie asked Mr. Reedy and Attorney Brodie if they envision not utilizing an <br /> association form of ownership knowing Charlie's comments. <br /> Attorney Brodie said that it would be a title to each of the lots of the homeowners selected, <br /> and the road would be owned by a homeowner's association. <br /> Mr. Bonvie asked why the documents self-implode in 90 years. Is there some statutory <br /> reason that gives other rights of authorities? <br /> Attorney Brodie said it's a rule against perpetuities. Trusts have to end after a certain <br /> period. They arbitrarily choose 90 years. <br /> Mr. Furbush asked if this becomes a road, would it be become a road in perpetuity. The <br /> Town might not want the responsibility of maintaining the road. Mr. Furbush said would <br /> this road become a private road in perpetuity. <br /> Attorney Brodie said; no, that typically they make the homeowner's association <br /> responsible for plumbing and maintenance of the drainage structures. <br /> Mr. Bonvie asked Attorney Brodie if a condition could be made to state that the Town will <br /> not be asked or ever approve to maintain this common driveway or roadway. Attorney <br /> Brodie said; yes. <br /> Mr. Bonvie asked that if he wrote a condition to be added to the deed that the roadway <br /> remain private and owned by the two homeowners and/or the association in perpetuity. <br /> Can that be added to the Comprehensive Permit Decision? Attorney Brodie said; yes,that <br /> is recorded in the comprehensive permit decision. <br /> Mr. Ganzenmuller read a resident letters from Peter Farwell, and Mary Maraggio dated <br /> May 13, 2019 into the record. He read a resident letter from Patricia Mormann's into the <br /> record dated May 14, 2019, and residents Crissey Safford, Priscilla Johnson, and Cathy <br /> O'Brian's letters dated May 22, 2019 into the record. All residents support the project. <br /> Mr. Furbush read Catherine Laurent, DPW Director's memo dated April 4, 2019 into the <br /> record. <br /> Mr. Furbush read Jack Phelan, Deputy Fire Chief's memo dated May 16, 2019 into the <br /> record. <br /> Mr. Furbush read Scott Carline, Chief of Police memo dated May 15,2019 into the record. <br /> Sharon read a letter from Mashpee Affordable Housing Committee dated May 20, 2019 <br /> into the record. <br /> 7 <br />