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Town of Mashpee Sewer Commission <br /> t <br /> 16 Great Neck Road North <br /> Mashpee, MA 02649 <br /> Commissioner Erickson stressed that the Mashpee-Wakeby project involves engineering challenges, <br /> land-use reviews, and ongoing surveys. Officials asked for patience, stressing that the process is not <br /> static but will continue evolving as new scientific, legal, and financial information emerges. <br /> Legal Issues Around Open Space and Deed Restrictions <br /> Main Points: <br /> • Expired deed restrictions on subdivision open space create legal gray areas. <br /> • Residents questioned whether the town should have renewed or enforced restrictions after tax <br /> takings. <br /> • Officials responded: <br /> o Renewal responsibility lies with the property owners or developers, not the town. <br /> o If taxes aren't paid and restrictions aren't renewed,the town can reclaim and repurpose <br /> land. <br /> • Commission members admitted they cannot resolve legal disputes: <br /> o They are not lawyers or judges. <br /> o Old deeds, zoning board rulings, and subdivision approvals complicate the record. <br /> • Some residents insisted that the land was always intended as conservation space; officials <br /> countered that there is no binding legal record proving that. <br /> Public Comment <br /> Public Concerns About the Adaptive Nature of the Wastewater Plan <br /> Resident Susan Dangle asked why this project suddenly appeared despite not being in the original plan, <br /> resident Susan Dangle pointed to the adaptive design of Mashpee's wastewater roadmap. Officials cited <br /> a 2022 interview with Tom Fadala, who acknowledged the need to sewer the Wakeby area despite its <br /> absence from earlier plans.The town pursued the project aggressively in 2024 because it was modest in <br /> scale and well-suited for SRF funding, which Mashpee successfully secured while many towns did not. <br /> Officials argued that declining the funds would have been irresponsible,given the difficulty of securing <br /> state financing. <br /> Public Concerns About Funding Transparency <br /> Resident Mary Wagen (35 Ashumet Road) raised concerns about SRF funding: <br /> o She filed a public records request with DEP but could not find Mashpee's application for <br /> this project. <br /> o Asked for a copy of the application and confirmation of other funding sources. <br /> o The legal opinion on land use came from a title search company, not town counsel (KP <br /> Law). <br /> o She believes the land's origins as part of a planning board—approved cluster subdivision <br /> may require additional planning board review before reuse. <br /> • Commissioners acknowledged some uncertainty about zoning board and superior court <br /> involvement in the parcel's legal history; town staff are investigating. <br /> Ms. Wagen pressed for clarity on funding transparency and legal process. She questioned why the SRF <br /> application was not visible in DEP records, requested a copy, and asked whether additional funding <br /> sources were being sought. Commissioners confirmed SRF involvement but agreed to provide <br /> documentation. <br /> Resident Concerns, Roadwork Costs, and Closing and Concern About Road Improvements and <br /> Resident Costs <br /> Resident Irene Chekovich (Sunset Strip) raised a financial concern on behalf of neighbors: <br />