02/22/2023 ZONING BOARD OF APPEALS Minutes

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MEETING MINUTES MASHPEE ZONING BOARD OF APPEALS FEBRUARY 22, 2023 Lynn Barbee, 73 Surf Drive spoke to the Board regarding an approved project on 49 Clover Lane. Arden Russel, Sturgis Lane spoke to the Board and gave her opinion that she is tired of the abuse of the raze and replace bylaw, and the blatant disregard of Mashpee Zoning. Beth Andrew Barry, representing the Andrew Family Trust for 226 Wading Place Road. She provided photos of the neighborhood that depicted flooding issues, and discussed her reason that the project is substantially detrimental to the neighborhood. She also had a copy of the New York Times article and issues with water pollution on Cape Cod. Attorney Kirrane mentioned that the house will be built on pilings, and will be flood zone compliant. He asked for an extension until March 8, 2023. Mr. Bonvie made a motion to accept the continuance for 228 Wading Place Road until March 8, 2023. Mr. Gould seconded. All were in favor to approve the continuance. Sitting on this hear are the four regular Board Members and Associate Member, Brad Pittsley. 234 Old Barnstable Road: Owner, Anthony J. LaCava, Jr., Trustee requests an Appeal of the Building Commissioner's Decision under M.G.L. Chapter 40A §§8 and 15 to modify the 1980 Special Permit (Quashnet Valley Development), and allow for construction of twenty nine (29) single family homes on property located in and R-5 Zoning District, Map 59 Parcel 5, Mashpee, MA. Attorney Christopher Kirrane represented the applicant's appeal. The request is really a process question for a modification of an existing Special Permit that was issued by the Zoning Board back in the mid-1970's, was amended in earlyl980's, again in 1992 and in 2002 to build single-family residences. The Building Commissioner has determined that the Special Permit has lapsed, and the applicant is challenging that based on the historical presidencies at this site. Attorney Kirrane provided a letter explaining that there was a Special Permit approved for 715 multi-family residences and 178 single-families in the Quashnet Valley. There was a modification of that plan in the early 1980's,that went from 520 multi-families to 232 single-family residences. Later on, in the 1990's there was a determination from the Zoning Board that the multi-family portion of this project has lapsed, and then reaffirmed in 2002 and modified the permit to allow Prime Properties to build single-families on their property. There are approximately 23 lots that are potentially buildable, and because it was originally a Zoning Board permit, Attorney Kirrane is looking for a determination that the permit has not lapsed, and the next step would be before the Planning Board to get a modification of the sub-division. Attorney Kirrane said that an approved Special Permit allows an applicant to exercise their right to start construction within one year. However, these projects can be phased, and does not require the applicant to build within one year. In fact, the Building Commissioner is still issuing building permits. 10