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I <br /> REARDON, THOMAS & BAILEY, P.C. <br /> ATTORNEYS AT LAW 4 <br /> CORNER OF BEARSE'S WAY AND BASSETT LANE ti ' <br /> POST OFFICE BOX 978 t <br /> YANNIS-MASSACHUSETTS 02601 } <br /> SEPH J.REARDON H - ; <br /> M W.THOMAS <br /> pplEY J.BAILEY TELEPHONE <br /> f <br /> 771-4CA4 <br /> -ANN MORSE May 10, 1989 <br /> AREA CODE 508 <br /> Arthur W. DePaul, President <br /> Paderborn Development Company, Inc, <br /> 40 Thornberry Circle <br /> �I <br /> Mashpee, MA 02649 �• <br /> r <br /> RE: Special Permit #SP-85-10-61 <br /> Childs River East <br /> Dear Mr. DePaul: ' <br /> It has been brought to the attention of the Mashpee Planning Board that ' <br /> Paderborn Development Company, Inc, signed a document dated December . <br /> 5, 1988, and recorded as Document Number 476252 in the Land Registration. <br /> Office at Barnstable. This document appears to grant an easement to the <br /> Greenbrier Corporation over Leather Leaf Lane, Bog River Bend Road, <br /> and "the easement appurtenant to the Miller parcel in common with the <br /> grantees and others from time to time entitled to use the same, for all ?•' <br /> purposes for which streets may now or hereafter customarily be used in I , <br /> said Town of Mashpee.". <br /> I V.r i <br /> I have reviewed both the decision of the Zoning Board of Appeals in the <br /> above-referenced matter granting a special permit to your firm to develop <br /> "Childs River East" and the decision of the Planning Board approving the <br /> subdivision plan for the "Childs River East" subdivision. <br /> You are hereby notified that neither the Zoning Board of Appeals nor the <br /> ,r • <br /> Mashpee Planning Board approved any modification of the subdivision plan <br /> or the special.permit to allow use of open space for the purpose of constructing r <br /> roadways. The Open Space Deed recorded at the Land Registration Office <br /> in Barnstable as Document Number 405,894, purports to reserve easements <br /> on the open space lots for the development of future roadways to connect <br /> land adjoining and/or located outside of the open space lots. This deed ' <br /> was dated and signed by you on August 27, 1986. The decision of the Zoning <br /> Board of Appeals was filed with the Town Clerk on December 12, 1985. <br /> Subsequent to my investigation, I ascertained that neither the Zoning Board <br /> of Appeals nor the Planning Board has an record of a <br /> - g y approving the Open <br /> Space Deed nor do any of the.members who sat on this matter have any j <br /> recollection of approving the language in the Open Space Deed relating <br /> to the easement. The Zoning Board of Appeals' records indicate that a <br /> reference was made to an easement, but there were no particulars furnished <br /> to the Zoning Board of Appeals relating to the same. <br /> i <br /> -Chapter 40A, Section 9 of the General Laws of the Commonwealth of Massachusetts <br /> specifically provides that open space shown on a cluster development "shall I• <br />