Laserfiche WebLink
MEETING MINUTES <br /> MASHPEE ZONING BOARD OF APEALS <br /> MARCH 25, 2026 <br /> Mr. Henchy stated that the Board must make a finding that the proposed use is in <br /> accordance with all applicable State Laws, Town Laws and Bylaws. He suggested <br /> that the Board cannot make a finding that this complies with the 1987 bylaws. The <br /> Board must apply to Section 40A Section IA. <br /> Mr. Henchy wanted to discuss Article 97. He said that he fundamentally agrees with <br /> Attorney Eichman to the use of the land. But disagrees the notion that this is not <br /> Article 97 land. Part of the argument is that the deed restriction is removed, and <br /> the Town acquires the land for tax title purposes is not Article 97 purposes. Article <br /> 60 Section 45 states a Town that acquires tax title land takes it subject to all existing <br /> rights reservations and restrictions. At the time the Town of Mashpee took this land <br /> it acquired land held for Article 97 purposes of open space. Attorney Eichman <br /> pointed out that land acquired or held by the Town are subject to protections of <br /> Article 97. Attorney Eichman focuses on the acquisition, but he does not address <br /> the fact that the land is held by the Town of Mashpee, and it was acquired by Article <br /> 97 restrictions. Back in 1996, the Mashpee Water District acquired by eminent <br /> domain an easement of this open space for water shed protection purposes and the <br /> protection of public water supplies. Attorney Eichman noted that those are Article <br /> 97 purposes, but the Mashpee Water District acquired an interest in this land by <br /> eminent domain for those very purposes. This Board cannot approve this <br /> disposition or change of use because it violates Article 97 because it constitutes a <br /> change in use from watershed protection for water supply purposes. <br /> Mr. Sean O'Connor resides at 3 Katian Way in Mashpee spoke and opposed the <br /> application because he does not believe this was submitted at Town Meeting. <br /> Attorney Eichman wants to clarify that this proposal is requesting removal of the <br /> open space. The application of the zoning bylaw to the cluster subdivision is made <br /> with the open space removed. He asked the Board to keep this clarification in mind. <br /> Mr. Joe Bennet resides on Gunter's Lane and believes that this project was not <br /> planned and will be costly. <br /> Christine Aziz, at 36 Gunters Lane and added that this plan is like the big dig. There <br /> was no communication from the people involved. <br /> Veronica Flynn, 19 Pierre Venier in Sandwich, MA is upset that she was not told <br /> about the project. <br /> 7 <br />