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MASHPEE ZONING BOARD OF APEALS <br /> Meeting Minutes <br /> February 11, 2026 <br /> The open space requirement for a cluster subdivision was 35% of the total area <br /> of the property minus the excluded portions, which would be the roadways. The <br /> initial proposal the Board granted was a reduction of (7) seven acres. That left <br /> approximately 52% of the total subdivision area reserved as open space. The <br /> Engineer presents it and modifies the dimensions, but the acreage has remained <br /> the same or has been reduced slightly. It is now between six and seven acres. If <br /> the Board grants the open space that is tied to this subdivision, it will still <br /> comprise of 52% of the total area of the subdivision. The requirement is 35%. <br /> The modification request is for the open space area in that Special Permit; and <br /> is not asking the Board to approve the construction of a wastewater facility on <br /> that site. That would be a choice for the Town to make once the restriction in the <br /> Special Permit is removed. Any allowable use could be placed in that portion of <br /> the open space. Obviously, the Town is looking to put a wastewater treatment <br /> facility there, but the application is not asking for a Special Permit for the facility. <br /> That use would be a municipal use and would be allowed under the zoning <br /> bylaw. The building inspector will decide and issue a permit accordingly. <br /> Mr. Marc Drainville demonstrated how the dimensions have changed. The <br /> drawing is identical to what he submitted to the Board. He highlighted the areas <br /> and limits of disturbance and changed the point of the road access. <br /> Back in October, the access point was from Sandwich and due to timing issues <br /> with funding, another access point was determined from Gunters Lane. The <br /> overall site plan shown in October had slightly more than seven acres at the <br /> time. It was about seven acres for the main piece of property and a little bit less <br /> than an acre for a utility easement, is less than seven acres for the entire area <br /> from 68% to 52% with the minimum remaining at 35%. <br /> The Board asked, "what is the difference changing access from Sandwich?" <br /> Attorney Eichman stated that John Ewer Road is a private way. It's not public. <br /> As you may know, the Board's decision was challenged in an appeal. That appeal <br /> is still pending. As part of that appeal, an account was added to challenge the <br /> Town's right to use that road. <br /> 7 <br />