06/12/2024 ZONING BOARD OF APPEALS Minutes

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JUNE 12, 2024 MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES Remand Hearin Chairman Bonvie told the Board he had a conversation with Town Counsel, Mr. Morris, and Evan Lehrer regarding this remand. Attorney Kirrane will give the Board a time-line of the settlement agreement. The agreement has not yet been approved by the Judge. Attorney Christopher Kirrane addressed the Board and gave an outline of this remand hearing that was submitted back in 2023. After several months of litigation, the parties came to a resolution that the Town has agreed to allow his client to build up to 29 single-family lots in this development. In consideration in the decision, there will be a significant traffic mitigation for the Town, an affordable housing component contribution, and consideration that this will be the full and final development of this property, and there will be no future build-out and the permit will be considered closed after the property is developed. This is a settlement to avoid any future litigation. Mr. Furbush asked if there is a time-line when this project will start and finish. Mr. Bonvie stated that there will be a five-year maximum payout of$20,000 per permit to the Town. This will be before the Planning Board for their approval. Attorney Kirrane stated that this decision is a memorialization of the negotiations and was reviewed by Pat Costello. Mr. Furbush read Mr. Morris' letter dated June 10, 2024 into the record; "I wish to address my decision in regard to the LaCava Special Permit being lapse. As with every decision, I am considerate of what is in the best interest for the Town. It is my understanding that my decision is being challenged at a higher court, and there is a willingness on both sides to reach a resolution. I am of the opinion that an agreement beneficial to both parties is a much better option than further litigation, and I encourage the Board to work towards the resolution. " There were no comments from the audience. Mr. Reidy read the motion into the record. Moved that, upon further review and reconsideration of the circumstances, amendments to, and subsequent Town board actions relating to the 1973 Special Permit authorizing the development of a golf course, club house, 715 multi-family units, and 178 single-family units on 345.2 acres of property known and numbered as 234 Old Barnstable Road (Assessors Map 59, Parcel 5), Mashpee, MA, the scope and validity of which Special Permit was the subject of an appeal filed in the Land Court(LaCava, Jr., Tr. v. Furbush, et at.;23 MISC 000116),the Board votes to overrule the Decision of the Building Commissioner, dated December 30, 2022, determining that the Applicant's proposed development of up to 29 single-family homes on the subject property did not fall within the scope of the 1973 Special Permit and that said Special Permit had lapsed; subject, however, to the conditions that: 15