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MASHPEE ZONING BOARD OF APPEALS <br /> MEETING MINUTES <br /> FEBRUARY 24, 2021 <br /> Attorney Jonathan Polloni represented the appeal. Also present was the owner of the two <br /> properties, Malcom MacDonald. Mr. Polloni mentioned that he did not supply a site plan, <br /> but he did submit the recorded subdivision plan that shows the individual lots. He pointed <br /> out the two lots that have the same lot area and frontage, with only 11,250 sq. ft., and 75 <br /> ft. of frontage. The current zoning requirement is 80,000 sq. ft., and 150 ft. of frontage. <br /> The plan depicted that the lots are directly adjacent to the Otis Trailer Park and were owned <br /> by the MacDonald Land Trust until 2018. He said he is seeking the Board's permission to <br /> build on these two lots. <br /> Attorney Polloni said that the issue is to determine if the three lots were held in common <br /> ownership under Chapter 40A Section 6, and the Zoning Bylaw which is grandfathering <br /> protection, but also if they were held in common ownership with the adjoining land. He <br /> believes that they were not held in common with any adjoining land because lot 70 and lot <br /> 275 are actually separate lots that have their own identity apart from the trailer park. He <br /> provided the deeds dated 1973, for lot 270, and the other deed dated 1974 for lot 275. He <br /> said there are no other deeds depicting they were together. He provided separate deeds,and <br /> the assessors' cards showing that they are developable lots. Mr. MacDonald has owned <br /> these lots for 46 years, and paying taxes as developable land. <br /> Attorney Polloni provided the Briarwood subdivision plan that was created back in 1970. <br /> He said that these lots are noticeably separate from the Trailer Park. These lots have never <br /> been used in connection with the trailer park since purchased back in 1973. That is the <br /> intent that the lot owner was surprised that these lots should be included with the trailer <br /> park when he felt they were always separate and existed outside of the trailer park. He <br /> referenced Town Counsel's email regarding the "merger doctrine". Attorney Polloni <br /> believes that combining these lots as indicated by the Building Commissioner with the <br /> trailer park does not make them more conforming, and then would be considered part of <br /> the trailer park. <br /> Mr. MacDonald addressed the Board and discussed the history of the area that is located <br /> north of Johns Pond and along a portion of Moody Pond. He said that the Otis Trailer Park <br /> was developed under the title MacDonald Land Trust. Otis Trailer Village (OTV) was <br /> owned separately to protect the land from legal action against the business of OTV. He was <br /> further advised that MacDonald Land Trust could be used for future real estate transaction <br /> and could sell the two lots. He wanted advice on how to resolve the matter of these two <br /> vacant lots. <br /> Chairman Furbush mentioned that the application is to appeal the Building <br /> Commissioner's Decision regarding both lots. This information was sent to Town Counsel, <br /> who sent a three page email to the building officials with his determination. Mr. Furbush <br /> read the last line of the email stating "the subsequent merger of these lots into common <br /> ownership with the OTV trailer park would have terminated any such grandfathering <br /> protections." He also read the Building Commissioner's comments into the record. <br /> 6 <br />