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16 Great Neck RoadNorth <br />-lashpee, -Massachusetts 02649 <br />Mr. Balzarini made a motion to continue the Public Hearing on the New Seabury <br />special permit cluster subdivision to August 7, 2024, at 7:10PM. Seconded by Mr. <br />Oakley. All in favor. <br />MOTION: <br />Mr. Oakley made a motion to continue the Public Hearing on the New Seabury <br />definitive subdivision to August 7, 2024, at 7:15PM. Seconded by Mr. Balzarini. All <br />in favor. <br />PUBLIC COMMENT <br />Jeff Tomchik and Marc Kahn (Oyster Way)- They are here to discuss two lots, both of which <br />abut on that cul-de-sac, 22 and 26 Oyster Way. They are currently in a very unbuildable status <br />and have been for decades. The lots were given to the current owners back quite some time. <br />They went to the Tax Assessor and confirmed the status as being very unbuildable to ensure <br />taxes were reduced. The value was very reduced. Similarly with the developer, those two lots <br />have been in arrears for a long time, prior to HOAs. It went to small claims to see if they could <br />collect on dues, and they ruled in small claims that they were unbuildable, thus could not <br />collect. The lots were initially connected, then subdivided, initially developed not as separate. <br />Now there is a home in between. <br />Fast forward, the Town Planner was presented with potential use of the back of the properties <br />for required frontage. What was failed to mention is the frontage on Oyster Way is barely <br />enough to get in a driveway. There is an ancient way behind referred to as River Road at the <br />rear of the property. Now that leveraged the approved ANR to market the properties as <br />approved for buildable, actively one lot went under agreement. Once the lots went on market, <br />he consulted with a person who conducted an extensive public record search, Mashpee River <br />Woodlands. The established boundaries were put into eminent domain in 1986, it established <br />all that property including River Road is now part of Town owned land. It is clearly established <br />in the 1986 Public Record, not these lots but River Road, which is being claimed as available <br />frontage. <br />This was all presented to the Town Planner and Town Manager through a series of meetings. <br />It was agreed by Town Counsel there is a reason to pause. They saw Town Counsel in <br />January. River Road comes out to Great Neck Road South, it's all eminent domain Town land. <br />Mr. Collins wanted to get to the bottom of it, as there are complex and important downstream <br />implications for properties that abut this conservation. He wanted to wait to see if a building <br />permit was applied for before he continued research with the Town Counsel. There may have <br />been expenses associated with it. It's an illusionary road, it's not real. An ANR being approved <br />based on that should be rescinded. That ANR should not exist. It's imperative this property be <br />left in its natural state until such a time when a ruling is made one way or another. The land <br />was surveyed as recently as April for a second time. It would be in the best interest to take this <br />property into conservation, it is a beautiful area that abuts conservation. Oyster Way is a very <br />small cul-de-sac. These two driveways would be sandwiched between driveways, and one <br />5 <br />