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Mas­i anning Bo�.vrd <br /> I e had amyt I-1ing else he wanted tresent tm the Bo�rd. Mr . <br /> Su1I1vam said he didnvt . C�airman Ferragamo informed �r . <br /> 8ullivan the Board had reviewed a letter from Towr CounseI which <br /> stateuvan stil1 has not giver the B Izard anything that � <br /> would indicate why the Board has thy to apprmve ex i <br /> definitive �UID divi5imn plan that to divide open space �. <br /> �hat was created mnder a previous approval mf the Planning D.oard. <br /> He said Mr . Sul1ivan' s explanatimm that he didn' t know there was <br /> a special permit or didn' t know that open Can' t be divide� | <br /> lsn' t enough. irm�n Ferragamo said un the Subd�vision <br /> Cha ` <br /> C1-1tro1 Law, the D ti1l dcc-aii-Ii n' t see where they have the <br /> abi1ity to approve such a pln and Town Cmunsel indicates the <br /> Board doesn' t have that lity. <br /> Mr . Su� I1van statd the 20 acres is jmst 1. 't <br /> any other 20 acre <br /> parcel in Mashpee since no man <br /> Ferragamo stated the Board has know�edge and it approved a <br /> clu�ter subdivis�on through the spec �al permit process t�at <br /> created the open space that was re�tricted �ro� further <br /> subdividimg. Mru1livan said it wasn' t recorded. <br /> Chairmam Ferragamo said 1t ' s the opinin of the BoE.-krd after <br /> discus�ing it , issue 4:11 is th�xt the Board doesn' t have the <br /> ab�lity to approve a subdivisimn that doesn' t comform to zoning. | <br /> Chairmam Ferra�amo said the secmnd issue is the abili�y to <br /> connect to Great Hay Rd° a� shown. He sa:1.d the Board " t seen <br /> anything that ��n determine that Great hay Rd. is adequate to <br /> serv�ce thio subdivis�un, and the Board hasn' t seen any <br /> improvement plans to make it away that can be �/sed fmr acces��. <br /> He s�id without the use of Great Hay Rd. , the Board �s faced with <br /> a cu1-de-eac situation that exten�s beyond the limits of the <br /> 8u13divi55,10 nd Regu1.at1onsil'said a <br /> third iSdi4:ouE-21 iss the definition of the fromt yard setback of lots <br /> 5, 13, and 14. He said the Board hasm' t seen anYd-ear evidenc� <br /> that t wcm1d cmnform to zoning, and cven though there' s <br /> been discu��ion, it hasn' t been concIuded. <br /> Chairman Ferragamo sa�d issue� 2 and 3 are technicaI is�ueu, but <br /> the first issue regardii ig the ability to �ubdivide the open <br /> space, is not a technical issue to He the 0oard. said the Board <br /> �as a1ways tried to be very ir and reasonable and hear <br /> everything out , and wou1d like to give this a�p1icant the <br /> opportunity for a response. <br /> Mr . Sul1ivan said a.5 mfficials of the Town of Mashpee the Board <br /> has � fiduciary duty and after its executive ses�ion, the Board <br /> knows that a sound case and he a1so knows that, the Board <br /> has a Town Oounsel that apfd:)reciates law sui, and if this mne <br /> go�s to courtit, wlll be a huge one. Mr . Sul1lvan said the <br /> Bc�rd negate� the 35 other lots that were approved in J. E�, on <br /> which people are p�yim0 taxes since 19B7 and which were legal <br /> bui�ding lots umtil he tried to put his 20 acres 1n. He sa�d he <br /> ' <br />