08/09/2023 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES AUGUST 9, 2023 Mr. Ganzenmuller, seconded, yes, Ms. Sangeleer, yes, Mr. Furbush, yes, Mr. Pittsley, yes, Mr. Bonvie, yes. All were in favor to issue a Special Permit. 234 Old Barnstable Road Chairman Bonvie stated for the record that he has reviewed all the documentation provided by the Court and would like some guidance for the Board. Attorney Pat Costello said that this particular proceeding is a remand hearing that was ordered by Land Court with respect to a Zoning Board of Appeals' Decision affirming the Building Commissioner's determination of March 1, 2023 relative to the Quashnet Valley Development. Attorney Costello consulted with the Attorney and the Judge at Land Court and all agreed to the stipulation for a remand proceeding before this Board to review,revisit the issue and for the Board to redeliberate and consider all the evidence to make a new Decision. The prior Decision of the Board in this matter has been annulled by the Court, and has no relevance to the proceedings on remand. The Board will be considering the application for appeal, the Building Commissioner's Determination as a new hearing from the applicant, the applicant's counsel, with respect and support the Building Commissioner's determination that the subject Special Permit has lapsed. The applicant and the Commissioner can submit whatever additional documentation for the Board to consider during the remand review. Once all the evidence has been introduced during the hearing, the Board will discuss the matter amongst its members and then vote to either affirm the Building Commissioner's determination or reverse it. Note it takes a four fifth's vote of the Board to reverse the decision of the Building Commissioner under Chapter 40A Section 15. The relevant portion of the Land Court remand order with respect to the hearing tonight is as follows: The case has been remanded by the Court to the Board for reconsideration and a new hearing. The Board was required by the order to open the remand hearing within 60 days on or before August 22, 2023, complied. The Board must specifically address and take into account the Board's previous 1992 interpretation of the Special Permit which states that there is no completion deadline for developing and constructing single family lots that fails within the development site. The Court was particularly interested in the issue as to why the ZBA back in March reversed its decision from what had been determined by the predecessor Board back in 1992 relative to the ongoing by the ability of the right to develop single family homes under the Special Permit. 11