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GrStCom.
<br /> 1/26/83
<br /> Page 2.
<br /> Morris Kirsner, Esquire, then asked to be recognized. lie stated that he has attended
<br /> several meetings of this committee. He is speaking tonight as a member of the I
<br /> Pine Tree
<br /> ,Corporation which holds 12 acres fiear the rotary. He is also speaking on behalf of his
<br /> two children (who were present) , their heirs and descendants* who are beneficiaries
<br /> of 16 acres of land on Route 28, which is being held in a trust in perpituity for them.
<br /> Atty. Kirsner said he had acquired these parcels 15 to 16 years ago, put them together,
<br /> and has held them waiting for an intelligent plan for their use to be proposed. He
<br /> stated that over the years, the maintenance of these lots, as well as the taxes on them,
<br /> have represented quite an expense to him, personally.
<br /> Mr. Kirsner continued that he wants what is fair to the Town of Mashpee, and to the indi-
<br /> vidual minority property owners in the area under consideration. He stressed that he has
<br /> no adverse feelings towards the New Seabury Corporation, he just wants to see happen what
<br /> is best for the town. He wished to make it a matter of record that he is totally opposed
<br /> to making the proposed zoning change which creates the Office Zone. He questioned why it
<br /> is his land - and only his land, which is being changed to such a designation? At the last
<br /> meeting, he reported, he had asked Brian Barber what motivated him to select this specific
<br /> area? Mr. Brian's response was that he had selected it "because it was near the town
<br /> services". Yet, Mr. Barber's plan actually crosses the road to include both of Mr.
<br /> Kirsner's parcels. Since the area designated C-1 offers so much more versatality, Atty.
<br /> Kirsner maintains this proposal shows a lack of parity.
<br /> Mr. Kirsner feels his 16 acres on one side of the road are just as viable for a hotel or
<br /> motel as are the areas designated C-1. He feels that the present proposal puts the major
<br /> land-owner (Fields Point/New Seabury) in total control of development around the rotary.
<br /> Not only the present owners and potential buyers, but the town would Buffer from this
<br /> arrangement, he feels, as competition is removed. This has already happened to a certain
<br /> extent, he said. In his opinion, this new zoning proposal is totally confiscatory. Mr.
<br /> Kirsner and his family want to work with this committee, and they are in favor of the
<br /> Village Concept, providing it is done fairly. He, too, is certainly opposed to strip
<br /> development. He said he had recently been approached by a potential buyer who wanted to
<br /> purchase 12 of his 16 acre parcel for a shopping center, in the nature of a strip de-
<br /> velopment. He was offered between $300,000 and $500,000 for the land - which would have
<br /> taken care of his children, and their beneficiaries, for life - but he turned down the
<br /> offer. He turned it down because he didn't feel the proposal offered what was best for
<br /> Mashpee.
<br /> Atty. Kirsner said he has faith that this committee will do what is fair...leaving all
<br /> the presently zoned C-1 area as is, and leave the permitted uses as they are. He urged
<br /> the development of tight performance standards - perhaps enforced by a board such as Mr.
<br /> Benway suggested. This Board could be made up of representatives from the Planning Board,
<br /> Board of Selectmen, Board of Appeals, etc - focal people of the community who are better
<br /> suited to make these kinds of determinations than some planner who comes in from the cold!
<br /> Earle Marsters said he agreed with Mr. Kirsner, that he does not feel it is fair to down-
<br /> grade the zoning on property that has been held in an individual's ownership for some
<br /> time. He said he thought that had been conveyed to Brian Barber, but it appears that Mr.
<br /> Barber has not gotten the message. Mr. Marsters said again that he doubts that this sort
<br /> of zoning change would be upheld in court, if it were challenged. However, Atty. Terry
<br /> had researched previous cases on this subject, and cited two cases - one in Sherborn and
<br /> one in Weston, where the courts had upheld such zoning changes. Chm. Terry then referred
<br /> to information recently brought before the Planning Board wherein Fields Point Corporation
<br /> is considering the development of some office space. Mr. Marsters then asked Mr. Chase
<br /> if he would object if all his C-1 zoned area was changed to an Office Zone? . Mr. Chase in-
<br /> dicated that he would have some objections to such an action.
<br /> Dick Wasil, land-ownert said that he thought all Route 28 should be zoned for commercial,
<br /> as far as anyone wants to go with such development, as long as it is "worthwhile"....with
<br /> hotels, restaurants, whatever.
<br /> Mr. Marsters asked to have the discussion returned to the question of the office zone -
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