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MASHPEE ZONING BOARD OF APEALS <br /> Meeting Minutes <br /> February 11, 2026 <br /> The request is to reduce the amount of cluster subdivision that was subject to <br /> the open space restriction in that permit. The Board granted that application by <br /> a vote of 4 to one back in October 2025. That reduced the amount of open space <br /> in the cluster subdivision by approximately seven acres. There was a reference <br /> to a site plan that was presented. The applicant outlined the area that the Board <br /> approved. This application that is before the Board today is to make adjustments <br /> to the boundaries of that area, and to adjust the projected use of the property. <br /> As is known, the Town is anticipating placing a wastewater treatment facility in <br /> that portion of the property removed from the open space. There was difficulty <br /> confirming that the Town had requisite rights to use the proposed access to that <br /> facility. That proposed access would have been by John Ewer Road. That was <br /> calculated with the initial amount or the location of that open space to be <br /> removed rather than wait for a determination of whether that right is available <br /> to the Town or not. <br /> This is an application to modify the 1987 Special Permit. Attorney Eichman <br /> stated for the record, what is being asked is to modify the Special Permit as it <br /> was modified in October. First, if the Board were to grant the modification <br /> tonight, that would take the place of the modification that was previously <br /> granted. It would stand in its place and there are not two separate modifications. <br /> Second, cited in the application under §174-31 is a request for dimensional <br /> requirements. Attorney Eichman stated the application should have cited the <br /> specific amendments of Special Permit under §174-24 C. <br /> Those requirements were applied at the last meeting back in October. A Special <br /> Permit is granted and a modification is sought, the same Board that granted the <br /> Special Permit can grant the modification. Secondly, a modification requires four <br /> votes from a five-member Board. Third, in this instance, the modification must <br /> comply with the requirements of the zoning bylaws at the time that the Special <br /> Permit was granted 1987. <br /> 6 <br />