07/26/2023 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JULY 26, 2023 Mr. Furbush suggested that Attorney Kirrane provide the case law to Mr. Morris and Town Planner to review. Mr. Reidy asked Attorney Kirrane if the deeds of the properties would be proof enough that these lots were not held in common because of the relationships of the two families. Attorney Kirrane said no; it's the control issues. Attorney Kirrane believes that the Building Commissioner is speculating that the family controls Dena. The Board agreed that more documentation from Attorney Kirrane would be useful for this case. Chairman Bonvie asked for public comments. Mr. Kris Van Beek a resident of 357 Monomoscoy Road approached the Board and said he had a discussion with Mr. Earl Burns about twelve years ago regarding a fence that was erected on Mr. Van Beek's property. The fence was eventually moved and was connected on both 7 Cricket Way and 363 Monomoscoy. Mr. Burns admitted that he owned both properties. Mr. Van Beek was also told that he could not park his car on the side of the vacant lot because Mr. Burns said he owned that lot. He also had numerous conversations with Mr.Burns that he owns and controls that property. Mr. Van Beek noticed that the maintenance is done on both properties by the same owner. He believes that both properties are owned and controlled by Earl Burns. Attorney Kirrane is not questioning the fact that Mr. Burns had interest in both properties. The issue is with Dena and what control she has. Attorney Kirrane gave an example that if Dena wanted to sell 7 Cricket Way, the deed would have to be signed by both Dena and Earl. The property that is owned by the Trust would not need Dena's signature. Mr. Bonvie believes that Earl has control of both properties. Ms. Sangeleer read a letter into the record from David Morris, Building Commissioner addressed to Attorney Kirrane dated May 24, 2023; "In response to your request for a determination dated May 12, 2023, I am of the opinion that 7 Cricket Way and 363 Monomoscoy had been held in common ownership at the time of the zoning change and are for zoning purposes merged as one. Further, I am of the opinion that Erlmest Burns Jr. is in control of both lots currently. I believe that in this case, conveyances to family members does not constitute separate ownership. As far a zoning relieffrom the Board, I am of the opinion that an accessory structure may be proposed and will require relieffrom the Board. If you feel aggrieved by this decision, you may appeal. " Ms. Sangeleer read an email from Evan Lehrer,Town Planner dated July 25,2023 into the record. "What I remember is that there seemed to have been some deliberate conveyances of the parcels between the husband and wife who owned these parcels in attempt to keep them under separate ownership. At one point in time the husband had title to one property, and the wife held title to the other while living in the same household as tenants in the entirety. I question that there was truly separate dominion and control over the two properties between the husband and wife prior to conveying 363 to their son subsequent the death of the father and thus think that the Commissioner's determination is appropriate. " 6