02/24/2021 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS DECISION: DENIAL OF AN APPEAL OF THE BUILDING OFFICIAL'S DECISION Petitioner, Jonathan M. Polloni, Esquire Malcolm E. MacDonald, Trustee of The MacDonald Land Trust 11 Valley Road(Map 50 Parcel 13) Mashpee, MA 02649 AP-2021-20 He believes that they were not held in common ownership with any adjoining land because lot 70 and lot 275 are actually separate lots that have their own identity apart from the trailer park. He provided the deeds dated 1973, for lot 270, and the other deed dated 1974 for lot 275. He said there are no other deeds depicting they were together. He provided separate deeds, and the assessors' cards showing that they are developable lots. Mr. MacDonald has owned these lots for 46 years, and paying taxes as developable land. Attorney Polloni provided the Briarwood subdivision plan that was created back in 1970. He said that these lots are noticeably separate from the Trailer Park. These lots have never been used in connection with the trailer park since purchased back in 1973. That is the intent that the lot owner was surprised that these lots should be included with the trailer park when he felt they were always separate and existed outside of the trailer park. He referenced Town Counsel's email regarding the "merger doctrine". Attorney Polloni believes that combining these lots as indicated by the Building Commissioner with the trailer park does not make them more conforming, and then would be considered part of the trailer park. Mr. MacDonald addressed the Board and discussed the history of the area that is located north of Johns Pond and along a portion of Moody Pond. He said that the Otis Trailer Park was developed under the title MacDonald Land Trust. Otis Trailer Village (OTV) was owned separately to protect the land from legal action against the business of OTV. He was further advised that MacDonald Land Trust could be used for future real estate transaction and could sell the two lots. He wanted advice on how to resolve the matter of these two vacant lots. Chairman Furbush mentioned that the application is to appeal the Building Commissioner's Decision regarding both lots. This information was sent to Town Counsel, who sent a three page email (dated November 30, 2020), to the building officials with his determination. Mr. Furbush read the last line of the email stating; "the subsequent merger of these lots into common ownership with the OTV trailer park would have terminated any such grandfathering protections."He also read and email dated February 19,2021 from the Building Commissioner who agrees with the Building Official and Town Counsel. The Board agreed that these lots are merged, and they are bound by the laws of the State. In view of the foregoing,the Board hereby concludes that the Petitioner has not established a basis to support the appeal of the Building Official's determination. Upon motion duly made and seconded,the Zoning Board of appeals voted unanimously at the Public Hearing on February 24, 2021 to DENY the appeal and uphold the Building Official's Decision regarding his enforcement jurisdiction with respect to the status of the unbuildable lots. 2