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MINTUES <br /> MASHPEE BOARD OF SEWER COMMISSIONERS <br /> MONDAY, JULY 26, 2021 <br /> WAQUOIT MEETING ROOM <br /> MASHPEE TOWN HALL <br /> 16 GREAT NECK ROAD NORTH <br /> MASHPEE, MA 02649 <br /> Present: Joe Lyons, Mike Rapacz, Ken Dunn, Al Towle, Tom Fudala, Anne Malone <br /> Public: Rodney Collins, Wayne Taylor, Chris Gallagher, Pat Costello, Jeff Gregg, Andy Gottlieb, <br /> Sandy Tripp, Anastasia Rudenko <br /> 4:00 p.m. — Convene Meeting Chairman Fudala called the meeting to order at 4:05pm. <br /> Introductions Mr. Fudala introduced everyone present at the meeting. <br /> Discussion on easements and policy regarding financial equity for condominium <br /> projects to be sewered (May involve executive session pursuant to MGL Chapter 30A, Section <br /> 21(a)(6): "to consider the purchase, exchange, lease or value of real property".) <br /> Mr. Fudala presented a Powerpoint presentation explaining the two condo properties in Phase 1: <br /> Summerwood Condos and Sea Oaks Condos. He then showed all other unsewered condos in <br /> Mashpee: Quashnet Valley, Oak Hollows Condos, Deer Crossing, Sea Mist Time Share, and <br /> South Cape Resorts Timeshare. <br /> Pat Costello (legal counsel) said generally speaking, towns have the right to install sewer mains <br /> on public ways, and anything outside of those ways requires an easement, acquired either <br /> amicably or through eminent domain. Situations in condos and other developments boils down <br /> to if the property is private, public, or a public way. The Town is facing the costs that will incur <br /> on private property. Towns generally do not spend money to better private property. <br /> Mr. Fudala said the betterment isn't to benefit a particular property, this is a public benefit, to <br /> clean up the water. <br /> Pat Costello said how do you draw the line? You could argue the costs strictly only benefit that <br /> property rather than those 3 miles away. <br /> Mr. Fudala asked if we should talk about the larger, general, issue before we break into <br /> Executive Session. We know we can take cross country easements. It's a shame to lose <br /> Summerwood and Sea Oaks. We have to get them to tie in, that's a much greater burden per <br /> unit than single family homes. How do we get to where each unit pays similar to a single family? <br /> Mr. Towle motioned to go into Executive Session pursuant to MGL Chapter 30A, <br /> Section 21(a)(6): to consider the purchase, exchange, lease or value of real <br /> property. <br /> Mr. Dunn seconded the motion. <br /> Vote: 6-0-0 <br /> Roll Call Vote: <br /> Mr. Fudala; yes <br /> Mr. Lyons; yes <br />