9/6/1995 PLANNING BOARD Minutes - Laserfiche WebLink

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Mashpee Planning Board 9/6/95 previously. He said they would like to change the definitive plan to take out the strip, but usually there' s a note on the plan by the Board saying it ' s in. Mr . Rowley said they should incorporate it in the plan and state Mr . Sullivan' s ownership goes 1;o the centerline of Great Hay Rd. Mr . Sullivan said the Board was going to check into whether the Water District had made a taking on his property. Chairman Ferragamo said Mr . Fudala was going to discuss it with the Commissioners and he' s not present , but he will be at the next meeting. Mr . Sullivan said if he had known of the Board' s 1987 decision he wouldn' t be in the mess he' s in now, and now there could be a Water District taking which there' s no record of and it ' s not recorded at the Registry of Deeds. He said he spoke to the Water District Chairman and he didn't know if there was one or not . Chairman Ferragamo said that would be between him and the Water District , and Mr . Fudala .just made the Board aware of a piece of correspondence from the Water District regarding a taking. He said the taking was from Druce Fulton and Mr . Sullivan said he had been running his own name at the Registry. Mr . Smith said he had additional input regarding the water quality which address his issues concerning phosphorous and it will be brought up at the next meeting. Mr . Slavinsk::y said he will make the housekeeping changes when he makes the changes to the definitive plan regarding the strip. The Board discussed an issue brought up by Mr . Fudala at the last meeting. Mr . Fudala was concerned with the bylaw regarding radiuses under 3=:01 and the house being measured at the building setback::. Mr . Slavinsk:y said they created their own setback line which is greater than the zoning requirement . He said they have done that in the pant and it has been upheld by the ZDA when they tried to build within that line. Mr . Slavinsky showed several plans where this, was also done. Mr . Coffey said the Board got clarification from Town Counsel in 1989 on how to measure setbacks on unusual shaped lots. Chairman Ferragamo said Mr . Fudala will have to find that ruling. Mr . Sinick:i said to address Mr. Rowley' s concerns regarding drainage areas, where the easement is 201 or more in width, it can' t be considered in lot area for zoning purposes. Mr . Rowley agreed. Mr . Sullivan said he hasn't read Town Counsel ' s memo properly or thoroughly enough yet to make comments. Chairman Ferragamo opened the hearing to public comment . John Peters, representing the Mashpee Tribal Council , said this plan disturbs him in that the proposal goes against the intent of the zoning regulations, and wandered how far the Board is willing