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MASHPEE ZONING BOARD OF APPEALS <br /> MEETING MINUTES <br /> JULY 22, 2026 <br /> Mr. Marc J. Kahn, who resides at 24 Oyster Way, discussed his involvement as <br /> an abutter. He stated that he did not receive a copy of the letter dated January <br /> 30, 2026, from the Building Commissioner. <br /> Attorney Trevisan stated that the letter submitted by the Building Commissioner <br /> dated January 30, 2026, was not included in the records request back on March <br /> 25, 2026. She also referenced the 1973 subdivision plan that noted that the <br /> properties are not buildable, and there's a land court plan to that effect. A public <br /> hearing is required to amend a subdivision plan, and that never took place. The <br /> ANR is not controlling with respect to the Zoning Bylaw. The appeal is to the ZBA <br /> to determine that these lots are not buildable. <br /> Mr. Furbush asked to hear from Attorney Rob Mills. <br /> Attorney Rob Mills, who represented Fain Gildea, the beneficiary of the Trust for <br /> 22 and 26 Oyster Way, was also present. Mr. Mills wanted to address a few items <br /> from his letter. He referred to the subdivision plan that Mr. Fudala mentioned in <br /> his affidavit as being the plan of record. Attorney Mills said that plan of record <br /> is the plan that is recorded in land court and does not address zoning. The <br /> easement on the plan does not reference open space and does not mention who <br /> owns the easement in the Sandalwood neighborhood. Attorney Mills reference <br /> email correspondence dated February 3, 2026, under Attachment C in his <br /> submittal that the abutters were aware of the Building Commissioners letter. <br /> Attorney Mills mentioned that the Building Commissioner does not require <br /> notification to abutters. This email suggests they had knowledge that the <br /> Building Commissioner had issued a building permit for those lots. <br /> Mr. Jeffrey Tomchik resides at 20 Oyster Way. He mentioned to the Board that <br /> there was no notice of determination of the building permits. <br /> Mr. John Clark resides at 25 Oyster Way. He was informed by the Building <br /> Commissioner that he would issue the building permits. He followed the building <br /> permits on the online portal. <br /> There were no more comments from the audience or the Board. <br /> Mr. Bonvie addressed the Board and questioned whether the Board has a right <br /> to appeal this case. He asked for a motion to close the public hearing. <br /> Mr. Furbush so moved. Ms. Sangeleer second. All were in favor to close the public <br /> hearing. <br /> 5 <br />