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MASHPEE ZONING BOARD OF APPEALS <br /> MEETING MINUTES <br /> MAY 24, 2023 <br /> Attorney Kirrane explained that if he receives information from DEP by July 261h,than he is giving <br /> the Board enough time to make a decision which is by August 23ra <br /> Mr. Bonvie stated the applicant hereby has given the Board the authority to extend statutorily until <br /> August 23, 2023,but hereby extending the hearing until July 26, 2023. <br /> Mr. Reidy asked Attorney Kirrane what his intent is assuming that the Board does not have any <br /> more information on July 26th than what they have now. <br /> Attorney Kirrane said given the information he has heard from the Board he will ask for a <br /> withdrawal at that time. <br /> Attorney Kirrane requested a continuance of this hearing to the July 26, 2023, and also at the <br /> applicant's requesting that the Board extend the statutory time for issuing the decision to August <br /> 23, 2023:- <br /> Mr. Bonvie made a motion that the Board accept the applicant's request for extension of the <br /> statutory period in reference to 100-days until August 23, 2023. Also, included in the motion that <br /> the applicant also requests that the Board extend the public hearing comment period and the closing <br /> of the public hearing up and until July 26, 2023. <br /> Discussion: The Board will make a determination on July 26, 2023 to either extend the hearing or <br /> accept a withdrawal if there is nothing in writing submitted to the Conservation Department from <br /> DEP. <br /> Mr. Bonvie amended his motion to hereby accept the applicant's request for extension until July <br /> 26, 2023 on the public hearing, and the statutory time limit of August 23, 2023. <br /> Mr. Goldstein seconded. Mr. Reidy, yes, Mr. Goldstein, yes, Mr. Bonvie, yes, Mr. Blaisdell, yes, <br /> and Mr. Furbush, yes. <br /> Attorney Kirrane said under the Wetlands Protection Act the Conservation Commission has to <br /> issue a written decision within 20 days of their vote, and his understanding is that the Commission <br /> may not have issued a written decision in that time frame. Whatever DEP decides overrides all. <br /> It's not a constructive approval, but if DEP issues a superseding order of conditions that controls. <br /> This case is specific to Conservation. <br /> 3 <br />