08/09/2023 ZONING BOARD OF APPEALS Minutes (2)

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR APPEAL OF BUILDING COMMISSIONER'S DECISION Owner,Anthony J.LaCava,Jr.Trustee of the AM LaCava Realty Trust 234 Old Barnstable Road,Map 59 Parcel 5 M2314M,MA 02649 AP-2023-13 In the 1990's there was a determination firm the Zoning Board that the multi-family portion of this project had lapsed,and then reaff aped in 2002, and then the permit was modified to allow Prune Properties to build single-families on their property. There are approximately 23 lots that are potentially buildable,and because it was originally a Zoning Board permit,Attomey Kirrane is looking for a determination that the permit has not lapsed,and the next step would be before the Planning Board to get a modification of the sub-division. Attorney Kirrane said that an approved Special Permit allows an applicant to exercise their right to start construction within one year.However,projects can be phased,and does not require the applicant to build within one year. In fact, the Building Commissioner is still issuing building permits. The Board reviewed a letter of determination submitted by David Morris,Building Commissioner that was addressed to Attorney Kirrane dated December 30, 2022. (Attachmeart A). In ytimmer. .g,pursuant to G.L.c.40A,Section 9,Condition 3:The project shall be phased at least over a five-year period, but not to exceed more than ten years. "Condition 10 provides: "The Building Inspector shall keep track of the schedule referenced in Paragraph 3.If requirement can't be met the permit can be considered in default."The Building Commissioner determined that the Special Permit has lapsed and in accordance the permit was considered "in default" under Condition 10. In view of the foregoing, the Board hereby agreed with the Building Commissioner's determination as stated in his letter dated December 30, 2022. Upon motion duly made and seconded at the Public Bearings on Wednesday,February 22,2023,the Zoning Board of Appeals voted unanimously to uphold the Decision of the Building Commissioner,and denied the request of the Petitioner to modify the 1980 Special Permit to construct twenty nine(29) single family homes on property located in and R 5 Zoning District,at 234 Old Barnstable Road,Map 59 Parcel 5,Mashpee,MA. 2