02/13/2008 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS REQUEST FOR AN EXTENSION Jobs Whiting Trust—Comprehensive Permit Whereas,the Zoning Board of Appeals(Board)issued a Comprehensive Permit to Jobs Whiting Trust(Applicant)by decision dated February 8,2007 and filed with the Town Cleric on February 15, 2007; Whereas,the Comprehensive Permit is for the land located off Route 28 and Route 151 comprised of property shown as Map 73, Lot 10,Map 74,Lot 34 and Map 74,Lot 20; Whereas, the Comprehensive Permit is for a inixed-use affordable housing.project with 382 housing units and approximately 40,900 square feet of commercial and office space; Whereas, Section 42 of the Comprehensive Permit states,in pertinent part: "This permit shall expire if construction is not commenced within three years from the date it is filed by the Board with the Town Clerlc;" Whereas, the Comprehensive Permit,was filed with the Town Cleric on February 15,2007, and therefore,by its terms was in effect until February 15,2010; Whereas,on July 27, 2009,the Applicant requested an extension of the Comprehensive Permit; Whereas, on August 17, 2009,the Board granted the Applicant an extension of the Comprehensive Permit until February 15,2013; Whereas,because the commercial portion of the project was clearly reviewed and approved as part of the Comprehensive Permit, it was the Applicant's opinion that the Planning Board did not have jurisdiction over the project, specifically,the commercial use portion thereof and that the project was exempt from Planning Board regulatory review; Whereas, subsequent to the grant of the Comprehensive Permit, the Mashpee Planning Board asserted jurisdiction over the commercial portions of the project; Whereas,the Applicant acceded to the Planning Board's assertion of jurisdiction and submitted an application for a special permit from the Planning Board; Whereas, the Planning Board issued a Special Permit to the Applicant by decision dated March 5, 2008 and filed with the Town Cleric on April 2, 2008; Whereas, as a result of the Massachusetts Permit Extension Act(Section 173 of Senate Bill 2582, as amended),the expiration date of the Planning Board Special Permit is now April 2, 2014; 3