03/09/2022 ZONING BOARD OF APPEALS Minutes

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i WHEREAS,the Zoning Board of Appeals has agreed to consider the revised site plan at a future public hearing and reconsider the:application for special permit in consideration ofthe filing of the revised site plan. NOW,THEREFORE,in accordance with the Parties' Agreement,it is hereby ORDERED that the decision of the Board,dated April 13,2022,denying Plaintiff,BEC MA Properties,LLC's January 28,2022,application for a special permit to raze and rebuild an existing single-family residence and replace it with a new single-family dwelling on property located at 42 Spoondrift Way,Mashpee is hereby REMANDED to the Board for proceedings consistent with the Agreement of the parties as set forth above,so as to allow Plaintiffs the opportunity to submit a revised plan for consideration pursuant to this-Stipulation. ORDERED that within twenty(20)days after the filing of the Board's new decision.with the Town Clerk,any party to this litigation who is aggrieved by the Board's decision on remand shall file with the court(and serve on all parties with notice to the Town Clerk)a proper motion for leave to amend the pleadings to assert a right to judicial review of the Board's decision on remand,or the parties shall file a joint stipulation of dismissal,dismissing the complaint in this action with prejudice,waiving all,rights of appeal, and with each party to bear their own legal fees and costs,unless otherwise ordered by the court.It is further ORDERED that this court shall retain jurisdiction over this matter, including any appeals which may be taken from or relating to the Board's further proceedings pursuant to this Order. It is further 2