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02/23/2011 ZONING BOARD OF APPEALS Minutes
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02/23/2011 ZONING BOARD OF APPEALS Minutes
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MASHPEE ZONING BOARD OF APPEALS <br />FEBRUARY 23, 2011 <br />MINUTES <br />• Mr. Nelson said that the last paragraph in the deed specifically states that people have <br />the right to go all the way down that road to the water. <br />Mr. Blaisdell said that he is very concerned about setting a precedent since this is the <br />first time the Board has ever ruled to create a non -conforming lot. He said he is very <br />supportive of Habitat and is keeping an open mind. <br />Attorney Brodie submitted letters supporting the proposal. Two of the persons are <br />deceased. The Board has already received these letters along with the list of 20 people <br />in support. <br />Mrs. Joyce Hynds of 333 Monomoscoy Road asked the Board to read her attorney's <br />letter dated February 23, 2011 into the record. <br />Mr. Blaisdell read the following letter from Attorney Robert Finnegan: <br />"re: Habitat for Humanity 40B Comprehensive Permit <br />24 Russell Road, Map 120, Parcel 129,4 <br />Dear Madam/Sir <br />. I write as counsel for Steven and Joyce Hynnds of 333 Monomoscoy Road, <br />Mashpee, MA who are the direct abutters to the location for the proposed Habitat <br />project to once again request that this matter be continued to permit all interested <br />parties the time necessary to review the Habitat proposal in light of the document <br />submitted by the Petitioner earlier today. However, it is not likely that this newly <br />submitted document can properly address the short -comings of the existing plans filed <br />in this matter. <br />We have several concerns regarding the Petitioner's existing plans: <br />1) first is the Petitioner's decision to ignore the directive to file new plans as issued <br />by this Board at the last meeting. <br />2) next is the fact that the proper starting point for this Comprehensive Permit <br />needs to be the Land Court Plan of record, and, as was pointed out by the Board <br />at the last meeting, the plans before the Board still do not comply with the <br />recorded Land Court Plan for this Parcel (Plan No. 25318-A, Sheet 1) since this <br />Land Court Plan does not show an encroachment onto Monomoscoy Road or an <br />encroachment of my client's driveway; <br />3) third is that any deviation frau, alteration to, or inconsistency with the Land <br />Court Plan of record would need to be resolved by the Land Court and not <br />• merely with an eraser in the hands of the Petitioner's surveyors or engineers; <br />and <br />1 <br />
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