08/28/2019 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES AUGUST 28,2019 Matt said unless the Town lays out and accepts the road as a private road, or if it's an ancient way then the public would have a right to use it. Unless you exempt the rights to that land the road is on, then the ownership travels with the property. So everyone has rights. There is only a small portion of Shellback that is public, and that starts from the intersection to the State highway who owns Rte. 28. The State controls the whole intersection up to about 40-50 feet from the base line,and then it's private from that section up. Private property owners reach an agreement, and pave their roads. He said that he has been involved in similar situations involving attorneys, but then agreements are met to share equally. He said that he has legal access on this particular project because there is no work being done on Shellback. Marcia Boiros, she lives at Shellback Way and is concerned with traffic issues. Steve Russel, Shellback Way is concerned with traffic issues with an increase of trucks. He wanted to know who could talk to the State to fix the turn signal. Scott and Jonathan said probably the DPW. Debra Sangster, Shellback Way is concerned with the address being the same as a unit number address. She wanted to know how Rockland Trust got the easement on Shellback Way. Matt said that the easement is on the proposed site, and he said he will contact the GIS Coordinator to change the address. John Muczko resides at 9 Shellback Way, he said he confirmed his address as unit 9-B. He would like to get this corrected. An abutter wanted to make sure that if the curb cut does not get passed from DOT that this matter will be back with the Zoning Board. Debra Sangster an abutter, approached the Board and mentioned that she heard from Sally Bold another abutter through a phone call. She said that the market place and the road was built first before the condominiums. Attorney Kirrane concluded that the residential, commercial and the property across at Rockland Trust,and the property that his client is proposing to develop where all under the same ownership, or if related where the same family. They granted each other the rights to those properties and ways. There were no more comments from the Board or audience. Mr. Goldstein made a motion to approve the request for a Special Permit for 9 Shellback Way, Petitioner, Bridgestone Development, Inc. under §174-24, and §174-25 (D) (1) (2) to allow for construction of a 9,801 sq. ft. commercial building and accessory parking to be used for professional and medical office uses on property located in a C-1 Zoning District, (Map 81 Parcel 132), Mashpee, MA. (Owner of record: Faith J. Baptiste, Trustee of the Cushman Brownie Trust)with the following conditions; 1. The Board has determined that the applicant meets all the conditions of a Special Permit under Mass General Law 40A Section 9. 5