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Mashpee PIanning B :Ear d -4- 9/20/95 <br /> thimks the Board has a right to turn I-)im dcwm, bt-At he doesn' t <br /> th1nk it has ri(.1ht t tke the 35 other building lotnd <br /> declare them illegal as they did a year age. Mr . ullivan said <br /> the 35 1otwere part of his 10 acre subdivisimn amd because mf | <br /> his p1�m before the Planning Bmard, those �`3!5 lints were in ' <br /> | <br /> questlon and the Board told the Duilding Inspector not to give | <br /> buildiegpermits to those 35 l�ts last October . Mr . SuIlivan <br /> said that' s where the Board made a ma�mr mistake that wilI be <br /> hard �o jastify any place. He s�i� �omeoom tri�� to get a <br /> buil�ing pE�rmit and the Building In���ector infcomed him those <br /> 1ots were illegal and he couldn' t issue a building mermit . Mr . <br /> Sull �van said this is in violation of sonxacme» s civil r �ghts and <br /> all the Doard wiI1 be liable on their own. <br /> Chairman Ferragamo said ]--Ie didn' t know what Mr . Sullivan was <br /> talking about . Mr . Fudala eaicl whmxt created the quest1om wam <br /> when Mr . SulIivan informed the Bmard the special permit wasn' t <br /> recorded. Mr . Sullivan sa�d thmse �� lots have become <br /> nonbudi--ible. Chairman Ferri'igamo said it doesm' t d to <br /> correct . Mr . Sulliv�m asked the B to reconsider those 35 <br /> 1ots as not being part of his property. Chairman �erragamo said <br /> the Planning Board did approve a special permit and c1uster <br /> definitive plan several years agu and the Board doesn' t se� <br /> amythimg that al1ows Mr " Su1Iivao t�e ability to divide open <br /> space that was cre�ted im a prior action in the manner being <br /> proposed. He said the Board can' t bgaim things back and forth. <br /> Mr . Sullivan said he would 1ike to discmss the 2 technical <br /> issues. Mr . SlavinsIle y is aid he pre .ented 7-8 different <br /> subdiviSionIfs showimg the frontage setback �equirements as defimed <br /> since 1988-1�89. CFerragamo sAid Mr . S1aviI y wou1d <br /> have to bring a letter from the Bu11ding Inspector or an attorn�y <br /> showing th�y meet the byIaw. <br /> Mr . 9u11, 1van asked J. f issue number 1 is unsurmountable in th� <br /> Boardns o� in1o1,1 and Cha1.rman FerrAgamo said yes, and Mr ~ Coffey <br /> said it ' s unaddressable if no� un�urmmuntable. Chairmam <br /> Ferragamo saId a decisimm has to be made aMc-'s Board is now at <br /> the end if ittatmt ­jr y dead1ine. <br /> Mr . SulJIvan said he ha�i no complaint about the BI, but his <br /> comp1aint .11.ins about the Town mf MashpeCZ? as he wnot notifJ.ed by <br /> the W a t mmJtssion of a taking anc because the special peormit <br /> was never filed, and that ' s w�y ��' s im the jam he' s in. M� . <br /> SulIivam snaid his land is going tm cmme �own to whether <br /> Massachu�etton Laws or Town 0f and Regult1ons <br /> applY. He' s said that ' s easy and he' s going to win easily, L)ut <br /> the only winner will. be Town Coun�el , who wi1l suffer -�a lmst , but <br /> a win. Mr . Sullivan said the Board has tre��ed this <br /> prof� �i:iion-Ell 1y. <br /> Chairman Ferragamo said he' s not ta� king about wimnimQ and <br /> l <br />