03/25/2026 ZONING BOARD OF APPEALS Minutes

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MEETING MINUTES MASHPEE ZONING BOARD OF APEALS MARCH 25, 2026 Mr. Bonvie stated that no one on the Board chooses to bushwack you and if you feel you were it is between you and the applicant. Mr. Henchy proceeded to discuss Attorney Eichman's analysis of §174-24 C of the Zoning Bylaws. He provided the Board a letter dated March 25, 2026. Mr. Bonvie asked Mr. Henchy how long his presentation would be. Mr. Henchy said five minutes. He pointed out that the Zoning Board granted the 1987 Special Permit. He believes it's incorrect to say that his analysis is wrong, stating that this section only applies to the Planning Board. He referred that the Board should be operating under subsection (b) that because the application is not increasing the land area 5%, and that the modification is to allowable. He believes that the Board should be operating under subsection (d) because the proposal is to remove seven acres of open space and devote it to the proposed use of driveways and a wastewater treatment plant, parking and associated building. Subsection (d) the land area occupied by any use by more than ten percent only if it continues to conform with the zoning bylaw at the time of the original special permit was granted. There is no wastewater treatment plant use on this parcel now. The current use for this purpose is zero. The current use for a roadway or driveway is zero. The current use for leaching fields is zero. The current use of parking is zero. All those uses are increasing by more than 10%. Therefore, the Board can only modify this special permit if it complies with the 1987 bylaw. There is doubt whether the Board complies with the 1987 bylaws or the 1985 bylaws because the history of the special permit was originally denied by the Board. The developer Mr. Nickulas appealed to the superior court, and it was remanded back to the Board, and approved in 1987. The application was submitted in 1985. Mr. Henchy stated that under either bylaw is the operation of a wastewater treatment plant an allowable use in this zoning district. He believes that the Board can operate under subsection (b), and not under (g) is wrong, and unless the Board can make a finding that this use is approvable under either 1985 or 1987 bylaw, the Board cannot approve this application. Attorney Henchy mentioned that in 1988 the developer conveyed this open space to the Pimlico Heights residents'trust, that included (Attachment 2) confirmatory deed and open space and in his letter. The deed contained a restriction, and the Town argues that the restriction has gone away after 30 years. However, the restriction is made pursuant to 40A Section 1A of the general laws of the zoning act that is (Attachment 4). That all open space in the cluster subdivision is left in its natural state and dedicated to certain purposes. The open land shall either be conveyed to the city or town and accepted by said city or town for park or open space use, or be made subject to a recorded use restriction enforceable by said city or town or a non- profit organization the principal purpose of which is the conservation of open space, providing that such land shall be kept in an open or natural state and not be built for residential use or developed for accessory uses such as parking or roadway. 6