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UJ 3AT <br />16 Great Neck Road North <br />Mashpee, Massachusetts 02649 <br />Commission and the property owner. Subject property has frontage on Meetinghouse Road and a large <br />lot on the space purchased by the Town using grant money. Applicant proposed swapping river front <br />area in an equal swap with area on Meetinghouse Road. Because it was purchased open space with <br />grant money, abutters, trustees, and Fishery and Wildlife didn't want the swap. The swap requires <br />support from MA legislature. That swap was supported by the Conservation Commission but not the <br />abutters, which was a requirement. The applicant has owned this property for several years it has been <br />in his family. This was an ancient way. The roadway is an unnamed 10ft. wide dirt road compacted, <br />maintained, and utilized daily by property owners for the number of houses on the lot. <br />This is shown on a public map from 1986 as a public way. They are asking the Board to find that the <br />principle means of access is adequate access to abutting property. The Board will be deciding on the <br />frontage and the adequacy of the way. For a building permit there needs to be frontage on a street. <br />Frontage on a street, street being defined as a subdivision roadway approved by Planning Board, a <br />way approved by Selectmen, accepted by the Town as an easement taking, or as a way approved by <br />the Planning Board as a principle means of adequate access to abutting property. They are seeking <br />that finding to get a building permit. The way is public within a map on record. It is of suitable width, <br />grade, and structure to pass a vehicle. Mr. Lehrer traveled it himself and said it is in good condition, <br />utilized every day, and certainly passable. You will see the one lot carved into two, each with 150ft. of <br />frontage minimum on that ancient way. <br />Ms. Waygan asked if the people who live on lot 1 use lot 2 to get to their home or if they use the ancient <br />way. <br />Mr. Lehrer said they use the ancient way. They had to maintain adequate frontage on Meetinghouse <br />Road to maintain compliance with the zoning bylaw and allow the Conservation to acquire the parcel. <br />Motion: <br />Mr. Balzarini makes a motion to accept the ANR. Ms. Waygan seconded. All in favor. <br />Ms. Waygan, Mr. Fulone, Mr. Balzarini, and Mr. Callahan signed the ANR. <br />NEW BUSINESS <br />Review Open Meeting Law Complaints filed against the Planning Board on July 21, 2021 and <br />September 24, 2021 by Meredith L.M. Kilpatrick and discuss the Board's response. <br />Ms. Waygan asked to review them can the Chair summarize the complaints. She referenced the <br />September one is not in the binder; it was a separate loose sheet. <br />Mr. Fulone notes the just of the complaint was the inability to provide Public Comment. An open <br />meeting complaint was filed against the Mashpee Planning Board Chairman John Fulone for <br />discouraging, limiting, and omitting the opportunity for public discussion, dated July 21 , 2021. It should <br />have been discussed and responded to with within fourteen days and it was not. The second complaint <br />is due to the Board's lack of response to the first complaint. <br />12 <br />