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MASHPEE ZONING BOARD OF APPEALS <br /> MEETING MINUTES <br /> AUGUST 9, 2023 <br /> Chairman Bonvie stated that the Board needs to determine why this 1992 statement in the Special <br /> Permit is incorrect. <br /> Mr. Reidy stated in his opinion that the Board has no documentation to support the Decision <br /> made by the Board in 1992. <br /> Chairman Bonvie polled the Board for any further questions. <br /> Attorney Christopher Kirrane represented the applicant. Also present was Attorney Kate Carter <br /> who is leading the litigation. Attorney Kirrane wanted the Board to understand that their position <br /> is to determine if the Special Permit has lapsed or has it not lapsed. Whether or not the applicant <br /> is allowed to building 29 lots or 10 lots is not the reason for this discussion. That would require <br /> approval from the Planning Board. <br /> Attorney Kirrane mentioned the remand order states under"Count 1",under Chapter 40A Section <br /> 17, it appears that the Trustee is entitled to some of the relief he seeks mainly that the Board's <br /> Decision upholding the Building Commissioner's Determination that the Special Permit has <br /> lapsed is untenable, unreasonable, whimsical, capricious and arbitrary for failing to take into <br /> account the Board's 1992 interpretation of the Special Permit which states there is no completion <br /> deadline for developing and/or constructing single-family lots and homes on the development <br /> site. Attorney Kirrane stated that there was a modification in 2002, and believes that the Board <br /> ignored that, and reiterated that the permit had not lapsed. <br /> Chairman Bonvie believes the Board just discussed this and dealt with it. He said that is a very <br /> integral part of that Special Permit which would be a modification. The Board was asked to <br /> specifically address and take into account the 1992 interpretation of the Special Permit, <br /> Mr. Furbush mentioned that Town Counsel wants to know why the Board reversed its decision. <br /> Mr. Furbush mentioned that the decision that the Board made at the last hearing to uphold the <br /> Building Commissioner's decision never happened. <br /> Mr. Reidy said he believes that the Board can ignore the 2002 decision because the <br /> documentation that was available from the 1992 decision made by the Board was invalid, than <br /> whatever happened in 2002 relates back to the opinion made by the Board. <br /> Attorney Kirrane mentioned that the Building Permits that are being issued today are under the <br /> 1992 Special Permit. <br /> 13 <br />