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of TMs s,s <br /> z. <br /> Aannin Board <br /> 16 Great Neck Road NOYth <br /> Mashpee, Massachusetts 02649 <br /> Chris Sherman- He submitted the written comment, and he represents 16 residents, many of <br /> whom are here. The opposition is twofold, first —the petition appears to be predicated on a <br /> legal title established through a derelict statute, that he argues does not apply here. Having <br /> just seen the petition today, if there is a subdivision with a dedicated road with resident access <br /> to water, that statute does not apply. That is Bayview Terrace. Petitioners do not have title <br /> through prior conveyance nor a derelict statute. Secondly, Bayview Terrace has been used <br /> consistently since the 1950's for public access, he has been there since 2019 and used it. He <br /> has watched members of the public use Shoestring Bay. It is well established and well used, <br /> and his written comments establish that. He will yield his time to people here who may not be <br /> able to come in the future. <br /> Connie Abare-She stated the man who made the development in the 50's, created it so this <br /> whole development would have access to Shoestring Bay. They have consistently found that if <br /> you look at Jack Pond Extension, we have encroachment, and Simons Narrows has gates up. <br /> Mr. Houston developed this property, and some people have been here from the beginning, <br /> and it was so everyone would have access to the water. Now, a man who owns it for a year <br /> can say nobody can use it. The kids go down to use it and get chased off by someone there <br /> working saying get off the private property. You need to now climb over big piles of dirt. Mr. <br /> Houston's whole thing was to allow everyone access to water and keep the land conservation. <br /> She lives 200 yards from the Jack Pond Extension entrance, 2,OOOft. of beach access with <br /> docks added and now nobody can walk. The people with more money have inundated and <br /> taken away most of the rights. Leo Houston's daughter has all the original maps, and they are <br /> not okay with this, as this is not what was intended. It was called `City by the Sea' in the 50's. <br /> One woman has the original deed to buy from Houston. There is no building permit posted. <br /> Silivia Neighbors- Her family has been here since 1957, and since then it has become very <br /> developed. The only access to Shoestring Bay is by the two areas spoken of, and everything <br /> else has been blocked. Even the road going to a landing with a dock has been blocked off. <br /> They appreciated accessing as it was in their deed. They would like to see that continue. <br /> Mr. Tobin stated if the applicant were to move forward with the approach on this application, a <br /> comprehensive title search would take place along with a certificate from an attorney to be <br /> forwarded to Town Counsel. If they do come back, it may be with a significantly different <br /> approach that would not involve dissolving the way. <br /> Mr. Balzarini noted they came before this Board a few years ago to close it off. <br /> Mr. Milbury asked how big the way is, and it was answered 30-40ft. <br /> Arthur Burdick- He will never be okay with losing their rights through that right of way. <br /> 3 <br />