09/11/2024 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES SEPTEMBER 11, 2024 Sitting on this hearing are the three regular Board members, and Associate Members, Mr. Reidy, and Mr. Caggiano. Mr. Tom Feronti presented the plan that is specifically related to Conditions 5 and 34 of the Comprehensive Permit. Condition 5 requires a discussion with the Board for a new subdivision of land that was part of the original acreage, and Condition 34 boundary that conflicts between Mashpee Commons land and the 40B Comprehensive Permit land. The plan prepared by BSS Design was endorsed by the Planning Board back in October 2023 demonstrates the compliance for both of those conditions. The boundary correction for Condition 34 is dealt with through a land swap between Mashpee Commons Limited Partnership, and Mashpee Commons LLC to LLC. Specifically the western edge of the original plan that consists of Lots IA, 113, and 2 through 7 encroached upon the Mashpee Commons land across the boundary line. In order to correct this requires shifting the boundary lines so that the 40B land grows in that area and encompasses that land so it now belongs to the 40B, and there is an equal land swap on the eastern edge currently where the maintenance facility exists becomes part of Mashpee Commons. It's a one-for-one swap that is 4,250 sq. ft. The second part of this is the subdivision of land that was discussed with the Board back in June regarding Mass Housing requesting to separate the East and West that requires a subdivision of the land so that the financing agencies have the proper mortgage and collateral. The land swap of the subdivision of land on the East side encompasses Lot 25, and the West side is now Lots 16E, 16F, 16A, and 20, 23, 22, and 27. The Condition in the Comprehensive Permit specifies that there needs to be language on the plan that is endorsed by the Zoning Board. However, the plan has already been endorsed by the Planning Board. Attorney Peter Freeman believes it is not appropriate to have a second endorsement on the plan, and said that the Zoning Board can simply accept that approval of the plan that was endorsed by the Planning Board. Mr. Feronti stated that this is the second time that he has been before the Board to make a boundary correction and was a similar process with an ANR Plan that was endorsed by the Planning Board. It is an administrative process that the Zoning Board has to demonstrate under the Comprehensive Permit. Mr. Blaisdell recalls that the Board was simply informed of that approved plan by the Planning Board. Mr. Morris asked if this process will prevent the required number of 40B units. Mr. Feronti said it will not impact the number of units. It will impact the driveways on the western edge of the lots. It is not impacting the location of the buildings or the number of affordable units.It is simply cleaning up the lot lines so all of the 40 B lot lines and Mashpee Commons is an equal off-set of the lot line transfers. 4