11/09/2022 ZONING BOARD OF APPEALS Minutes

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The following is a Mutual Release and Settlement Agreement (herein referred to as the "Agreement") between Johnathan Fish and Susan Fish (collectively referred to herein as Plaintiffs) the Town of Mashpee Zoning Board of Appeals and Its Members (referred to herein as the "Board") and Steven P. Hynds and I I Industrial drive, L.L.C. (collectively referred to herein as "Hynds/Industrial"). Plaintiffs, the Board and Hynds/Industrial are collectively referred to in this Agreement as the "Parties", and individually as a "Party'). WHEREAS the Plaintiffs residential property is located at 13 Nancy Lane, Mashpee, MA and abuts and borders industrial property owned by I I Industrial Drive L.L.C, with an address of 89 Industrial Drive (the "Premises"). WHEREAS on February 21, 2020, Hynds/Industrial applied for a special permit (hereafter referred to as the "Special Permit") with the Board to construct a commercial building on the Premises consisting of a 9,.680+ square foot steel, building for use as contractor bays, warehouse, storage, office and other allowed special permit uses (hereafter referred to as "Storage Facility"). WHEREAS prior to the hearing on the Special Permit, Hynds/Industrial had erected a chain link - fence along the coinmon lot line. WHEREAS about nine feet behind such chain link fence, Hynds/Ind-ustrial also planted a. row of 27 evergreen arborvitae trees spaced 8 feet apart. WHEREAS at the end of the second session of its public hearing on the Special Permit, the Board voted unanimously to grant the Special Permit, but the Board: struck the words "and other allowed special permit uses."; restricted the hours of operation from 6:30 AM to 6:30 PM seven days a week; and issued the special permit "conditioned upon the applicant installing twenty-six (26), 7 ft. tall newly planted arbor,,ritaes setback 19 feet frown the property line. WHEREAS the Special Permit decision was filed with the Town Clerk on May 20,2020. WHEREAS Plaintiffs filed -their Complaint in Land Court on or about June 90', 2021 (Docket ockct No. 20 MISC 000209 - DRR) appealing the Board's decision granting the special pen -nit under M.G.L. c. 40A, § 17 along with an action for declaratory judgment pursuant to M.G.L. c. 23 1 A and a quiet title claim under M.C.L. c. 240 (adverse possession). WHEREAS the Parties now wish to settle their respective claims pursuant to the following terms set forth in this Agreement. NOWTHEREFORE, in exchange for valid consideration of the following terms and conditions, hereinafter set forth below, the Parties, intending to be legally bound hereby, agree as follows: 1. Minor Modification ofthe S Necial. Permit The Parties agree that they will jointly apply to the Mashpee Zoning Board of Appeals to modify the Special Permit as follows: