11/09/2022 ZONING BOARD OF APPEALS Minutes

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SENIE ASSOCIATES, P.C. A T T O R N E Y S A T L A W 15 Cape Lane Brewster, NIA 02631 Phone (774) 323-3027 Cell (508) 221-0358 jpolloni@senie-law.com WWW.SENIE-LAW.COM September 30, 2022 Maryann Romero, Administrator Mashpee Zoning Board of Appeals 16 Great Neck Road North Mashpee, MA 02649 Re: John Fish et al. v. Mashpee Zoning Board of Appeals et al, 20 MISC 000209 Dear Ms. Romero: The letter is being jointly submitted by the parties in advance of the hearing after remand to the Board by the Court's order dated September 19, 2022. A copy of the remand order is appended hereto as Exhibit 1. The parties have agreed to the amendment of the existing conditions of the Special Permit, through a Settlement Agreement dated August 28, 2022, subject to the Board's approval and its issuance of a revised permit with these changes. As an introduction, this matter is an appeal from a decision of the Mashpee Zoning Board of Appeals (the "Board") granting a Special Permit, No. SP-2020-14 (the "Special Permit") to the Defendant, Steven P. Hynds for use of the property owned by 11 Industrial Drive LLC, at 89 Industrial Drive, Mashpee, Massachusetts (the "Subject Property"). Specifically, the Special Permit granted Mr. Hynds the right to construct a 9,680 square foot steel building to be made up of contractor bays, warehouse space, storage space, and office space. The Plaintiffs abut the subject property to the south, and claimed 1) the Board's finding of no adverse impacts was unsupported by the evidence, and 2) ownership of a 50-ft by 200-ft area of the Subject Property that was previously undisturbed buffer by adverse possession.