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M ■ <br /> Town o °1V as pee <br /> M...,� �shpm MA026 North <br /> MASHPEE ZONING BOARD OF APPEALS <br /> DECISION FOR APPEAL OF <br /> BUILDING COMMISSIONER'S DECISION <br /> AP-2023-13 <br /> Owner,Anthony J.LaCava,Jr.Trustee of Doc.:393709 <br /> the AX LaCava Realty Trust Ctf.:98704 <br /> 234 Old Barnstable Road <br /> Map 59 Parcel 5 <br /> Mashpee,MA 02649 <br /> A Petition was filed on January 20,2023 by Owner,Anthony J.LaCava,Jr.,Trustee requesting an <br /> Appeal ofthe Building Commissioner's Decision under M.G.L.Chapter 40A§§8 and 15 to modify <br /> the 1990 Special Permit(Quashnet Valley Development), and allow for construction of twenty <br /> nine (29) single family homes on property located in and R-5 Zoning District, at 234 Old <br /> Barnstable Road,Map 59 Parcel 5,Mashpee,MA. <br /> Notice was duly given to abutters in accordanee with Massachusetts General Laws Chapter 40A. <br /> Notice was given by publication in The Mashpee Enterprise,a newspaper of general circulation in <br /> the Town of Mashpee, on January 27, 2023 and February 3, 2023 a copy of which is attached <br /> hereto and made a part hereof. <br /> The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of <br /> Massachusetts General Laws Chapter 40A§8 and§15and the Town of Mashpee Zaning By-laws. <br /> Public Hearings were held on the Petition at the Masbpee Town Hall on Wednesday,February 22, <br /> 2023 at which time the following members of the Board of Appeals were present and acting <br /> throughout; Chairman, Jonathan Furbush, Vice Chairman, William Blaisdell, Board Members, <br /> Ron Bonvie,Norman L Gould,and Associate Member,Brad Pittsley. <br /> Attorney Christopher Kirrane represented the applicant. The request is a process question for a <br /> modification of an existing Special Permit that was issued by the Zoning Board back in the mid- <br /> 1970's,was amended in earlyl990's,again in 1992 and in 2002 to build single-family residences. <br /> The Building Commissioner has determined that the Special Permit has lapsed,and the applicant <br /> is challenging that based on the historical presidencies at this site. <br /> Attorney Kirrane provided a letter explaining that there was a Special Permit approved for 715 <br /> multi-family residences and 178 single-family units in and around the Quashnet Valley Golf <br /> Course. A modification of that plan was submitted in the early 1980's, went from 520 multi- <br /> families to 232 single-family residences. <br /> i <br />