02/13/2008 ZONING BOARD OF APPEALS Minutes

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1. The Board finds that Jobs Whiting Trust(Applicant)has requested an extension to the Comprehensive Permit for property located off Route 28 and Route 151 comprised of I property shown as Map 73, Lot 10,Map 74, Lot 34 and Map 74,Lot 20. 2. The Board finds that the Comprehensive Permit was issued to the Applicant by a decision dated February 8,2007 and filed with the Mashpee Town Clerk on February 15,2007. i 3. The Board finds that Section 42 of the Comprehensive Permit states in 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 Clerk." 4. The Board finds that the Comprehensive Permit which was filed with the Town Clerk on February 15, 2007,was, by its terms,in effect until February 15, 2010. 5. The Board finds that on July27, 2009, the Applicant requested an extension of the Comprehensive Permit. 6, Tl-e Board finds that on August 17,2009, the Board granted the Applicant an extension of the Comprehensive Permit until February 15, 2013. 7. The Board finds that the Comprehensive Permit was for a mixed-use affordable housing project with 382 housing units and approximately 40,900 square feet of commercial and office space. 8. The Board finds that subsequent to the grant of the Comprehensive Permit the Mashpee Planning Board asserted jurisdiction over the commercial portions of the project. 9. The Board finds that the Applicant acceded to the Planning Board's assertion of jurisdiction and submitted an application for a special permit from the Planning Board. 10. The Board finds that Planning Board issued a Special Permit to the Applicant by decision dated March 5, 2008 and filed with the Town Clerk on April 2,2008. 11, The Board finds that 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. 12. The Board finds that the Massachusetts Comprehensive Permit Regulations, 760 CMR 56.05 (12)(c)provides a tolling provision in pertinent part as follows: (e)Lapse of Permits. If construction authorized by a Comprehensive Permit has not begun within three years of the date on which the permit becomes final except for good cause,the permit shall lapse.This time period shall be tolled for the time required to pursue or await the determination on any appeal on any other state or federal permit or approval required for the Project. The Board or the Committee may set a later date for 5