09/17/2025 PLANNING BOARD Minutes (3)

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of TMs s,s z. AU�1MLIUV��y own olf MaS b22 Panning Board c� 16 Great Neck RoadNorth -Mashpee, -Massachusetts 02649 has been a challenge. This open space is the result of a cluster subdivision special permit, which requires open space to be held by several different possibilities or an approved Trust. Mashpee Conservation did not want to accept this open space as it requires monitoring and perhaps did not want the extra burden. As a result, they identified the Native Land Conservancy (NLC), who own other properties around the Town of Mashpee. They are a preservation trust that will procure the land, clean, and eliminate invasive species. They will maintain full ownership and remain stewards of the land in perpetuity in its present state. Mr. Mills continued that certain provisions don't allow this avenue under Article 4. They are looking to change the entity that would take the title or have restricted open space. Mr. Tobin elaborated more, instead of the homeowners/ HOA accepting the land, they want the NLC to do it. Our code allows for that. There are 3 separate provisions that reference the issue in the original special permit: Finding #4, #17.6, and Condition #6. The applicant has proposed providing a deed to be held in a public trust. This has been reviewed by Town Counsel. It was indicated to mark up a redline with a more detailed description of the nature of the restriction. He has not gotten anything from zoning counsel about the approval from the Commonwealth, as required. In respect to code, it will not hold up the project for a small change, but approval could take up to a year. Mashpee code doesn't specify, so he suggested keeping the ball rolling, pull excavation permits, clear the lots after a tree permit, and dig, as long as it is okay with the Commissioner. While we await on the third party to be processed, there could be a two party conservation restriction in perpetuity with the Town, while awaiting the state. A resident inquired as to why this land was being considered, and not other parcels of New Seabury. Mr. Tobin explained this is privately owned land that the applicant applied for, under a cluster subdivision bylaw, and per the requirements of that bylaw, they have to set aside open space. The land is owned by New Seabury, but this land itself is not included in the New Seabury ZBA Special Permit from the 1960's. Ms. Waygan described the cluster subdivision concept, where lots are smaller and clustered together, and the land they would have for yards and extra land, would be combined to use for open space for all to use. It preserves trees and 50% has to be set aside for open space. Mr. Tobin also noted without fully knowing the intricacies, there may be exemptions if this is held by the NLC and not the HOA, where the Town may benefit. Attorney Mills based this choice on the fact that the non-profit HOA would not be for conservation purposes, and wouldn't qualify under the bylaw. 2