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This transcript was exported on Aug 21,2023-view latest version;r
<br /> Land Court.Mm-hmm.<affirmative>,uh,with respect to a zoning board of appeals decision affirming
<br /> the building commissioner's determination of March 1st,2023 relative to the Quash Valley
<br /> development.The,uh,prior decision of the board was appealed to the land court.Uh,1,1 consulted with
<br /> counsel and the,the judge in the land court,and,uh,we agreed to stipulate to a remand proceeding,
<br /> uh,before this board,uh,to review,revisit the Issue and,and for the board to Redel deliberate,consider
<br /> all the evidence before you and make a new decision.Just so we're clear,the prior decision of the board
<br /> In this matter has been nulled by the court.Thus It has no relevance to the proceedings on remand.
<br /> The board will be considering the application for appeal of the Building commission's determination,a
<br /> new,uh,hearing from the applicant,his counsel and the building:commissioner relative to their
<br /> respective objections to and support of the commission's determination that the subject special permit
<br /> Is last.The applicant and the commissioner can submit whatever additional documentation they may
<br /> desire for the board,uh,to consider during the remand review.Once all the evidence has been
<br /> Introduced during the hearing,the Board will discuss the matter amongst its members and then vote to
<br /> either affirm the commissioner's determination or to reverse it.Note that It takes a four fifths vote of
<br /> the board to reverse the decision of the building.Commissioner suit the generalized Chapter 48,section
<br /> 15.The relevant portions of the Land court remand order with respect to the hearing tonight are as
<br /> follows.The,the case has been remanded by the court to the Board for reconsideration in a new
<br /> hearing.
<br /> (nor yti ):
<br /> The board was required by the order to open the remand hearing within 60 days on and before August
<br /> 22nd,2023.Please compii in that regard.And finally,the Board must specifically address and take into
<br /> account the board's previous 1992 Interpretation of the special permit,which states that there Is no
<br /> completion deadline for developing and constructing single family lots and homes within the
<br /> development site.The court was particularly Interested in the issue as to why the C B A back in March
<br /> reversed Its position from what had been determined by our predecessor board back In 1992.Relative
<br /> to the,uh,ongoing viability of the rights to develop single family homes under the special permit.A
<br /> zoning board of appeals follow,uh,a decision rendered by one of its predecessor boards on a particular
<br /> matter,or It may reconsider the prior board's determination and come to a different conclusion.
<br /> The Board is not legally bound to follow the prior board's decision If It believes that decision is legally
<br /> erroneous or flawed under the doctrine of Municipal Estoppel.Know,however,that regardless of how
<br /> the Board addresses the Building Commission's determination on this Issue,after the remand hearing
<br /> the deliberations and,uh,the board's,uh,discussions and,and vote on a decision,the decision you
<br /> issue must Include a full and well reasoned discussion of the Board's rationale for Its determination.The
<br /> previous hearing and decision did not include significant substantive language supporting the board's
<br /> position that the special permit had lapsed,which Is the primary basis for the,the concerns noted in the
<br /> court's order.The board is expected to engage In the remand proceedings with an open mind,no
<br /> preconceived notion as to how it'll decide the matter.The court's order and the evidence submitted to
<br /> the board should be your guide as you proceed tonight
<br /> Speaker 1('s,, %„):
<br /> And to follow procedure,we should read into the docket or Into the general public the outline of that
<br /> appeal,et cetera,meaning,uh,owner Anthony Carve Jr.Uh,Carver Trustee appealed billing per
<br /> commissioner's decision.And just read that into the,uh,Into the record first as I do in every single one.
<br /> Mashpee Zoning Board of Appeals-8092023 (Completed On 1/23) Page 50 of 73
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