02/11/2026 ZONING BOARD OF APPEALS Minutes

Home Browse Search

MASHPEE ZONING BOARD OF APEALS Meeting Minutes February 11, 2026 Attorney William Henchy represented several individuals involved with the pending appeal that was submitted back in October 2025. Attorney Henchy suggested that the Board may want to seek an outside counsel to represent them because the aspects of this petition are complex. He wants to make certain that there are not two modifications involved as indicated by Attorney Eichman. Attorney Henchy stated that access to the road has been modified because it was litigated. It was demonstrated to the Town obviously that they did not have access that they represented to you and to everybody else. The property on John Ewer Road is registered land. There are land court titles. There is no easement running in favor of this because it was litigated. Attorney Hency asked what is involved in the application and the site plan and is there going to be a "cut and fill". The site plan that the Board received doesn't contain topographic details. It doesn't show the grades of the proposed road. It does show the length of the proposed road. Under the subdivision regulations, grades on access roads are limited to 6%, for residential minor collector roads the grades are 10%. There is no grade information. There is no construction methodology. Are there any retaining walls necessary for the construction of that road. The subdivision regulations limit dead end streets to 600 feet. Gunters Lane is well more than 600 ft and they're adding another 1,695 ft. to that existing dead end. The reason for dead-end road limitations is because access for emergency vehicles and ingress and egress for fires is difficult when you have extended dead-end roads. He suggested that at a minimum there should be information concerning road design. Attorney Henchy mentioned that the application is being presented for the installation of a waste treatment facility but is regarding a tax title issue and not the Special Permit and deed restrictions that preclude this application. He also mentioned that under the Bylaw Section 174-24 C the Special Permit has not lapsed. Attorney Henchy summarized that under MGL 40A the Board has no right to issue a modification to the existing Special Permit. He suggested that the Board seek more information regarding the construction of the road, the grading, the Fire Chief comments regarding the 1,600-plus feet of the proposed road, the plans of the hydro model, and odor control system. 9