08/09/2023 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES AUGUST 9, 2023 Ms. Carter mentioned that the remand specifically requires the Board to consider the 1992 Decision because it failed to do so at the prior hearing. There is nothing that precludes the Board as Mr. Costello said that there is nothing that precludes this Board from considering all of the evidence that's presented from the prior and existing records which was presented in the remand package. Chairman Bonvie said that there's no reference whether the project includes the multi single- family units. The previous Board should have stated that they would allow ten years,but they did not. Chairman Bonvie agreed and stated the following for the record; "it is my opinion that the 1980 Special Permit Modification/Decision was in reference to single and multi-family units, and also believes that Condition 3 was in reference to single and multi-family units. That being said in reference to the Special Permit of 1980 the applicant had until 1990 to finish the single and multi- family units. There was no comments from the audience. There was no more comments from the Board. Mr. Morris mentioned that his Decision is in the best interest for the Town. Chairman Bonvie asked Town Counsel for any final comments,and if the Board has appropriately covered all the required remand requests of the Judge. Town Counsel stated that if the Board has reviewed all the evidence and documents submitted from the applicant then the Chair could request a motion to either affirm the determination of the Building Commissioner relative to that the Special Permit has lapsed, or alternatively to move to overturn the Decision of the Building Commissioner. The specific portion of the order issued by the Court was that the Board shall consistent with the Court's order the March 1,2023 specifically addressed and take into account the Board's 1992 interpretation of the Special Permit applicable to the Trustees process. Town Counsel believes that the Board did address the 1992 interpretation that was issued by the Court. Chairman Bonvie asked for a motion to close the public hearing. Ms. Sangeleer made a motion to close the public hearing. Mr. Furbush seconded. All were in favor. Chairman Bonvie asked for a motion and that it very clearly states the 1992 Special Permit opinion and all other aspects of the Special Permit. 15