08/09/2023 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES AUGUST 9, 2023 The Zoning Board of Appeals follows a decision rendered by one of its predecessor Board on this particular matter, or may reconsider the prior Board's determination and come to a different conclusion. The Board is not legally bound to follow a prior Board's decision if they believe that decision is legally erroneous or flawed under the docket. Note however that regardless of how the Board considers the Building Commissioner's determination on this issue, after the remand hearing the deliberation, and the Board's discussions, and vote on the decision. The Decision must include a full and well reasonable discussion of the Board's rationale for its determination. The previous hearing decision does not include significant substance as to why it's supporting the Board's position that the Special Permit had lapsed which is the primary basis and concerns of the Court's order. The Board is expected to engage in the remand proceedings with an open mind,no preconceived notions as to how it decides on the matter. The Court's order and the evidence submitted to the Board should be the guidance for tonight's hearing. Chairman Bonvie read the public hearing notice into the record. Sitting on this hearing are Chairman Bonvie, Sharon Sangeleer, Jonathan Furbush, Charles Reidy, and Associate Member, Robert Caggiano. David Morris, Building Commissioner said that the 1980 decision had lapsed. The Town is in a different position and the bylaws have changed. He believes that the applicant would have the right to create 9-10 conforming lots. Mr. Furbush asked if the previous Board issued a Special Permit in 1992 with no end date. Chairman Bonvie commented that in 1973 there was a Special Permit issued, and in February 1980 the permit was modified to include Item 3: "The project shall be phased at least over a five year period, but not to exceed more than ten years. "The applicant went back to the Board to get an opinion on June 3, 1982. The Board voted to waive the minimum unit development requirements of the decision. In 1992, the Board imposed no completion deadline for the development of single-family lot or homes. Mr. Bonvie believes that this was just an opinion, and does not believe this was a"modification". In 1992 the applicant should have gone back to the Board and asked for a modification, not an opinion. He believes that the previous Board did not impose a deadline date for the applicant. Mr. Reidy stated that there is no evidence that the Board can review now that would justify given that there is no term limit to what they wanted to do. Mr. Reidy asked how the Board should respond to the Judge. Mr.Furbush said that the Judge needs to know why the Board reversed the 1992 Decision Special Permit. He stated that there were other projects around the same time that had end dates. 12