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This transcript was exported on Aug 21,2023-view latest version ;�r .
<br /> Speaker 19(1)11311,
<br /> 1,
<br /> I don't think we really need to,I mean,i think I just gave the board a summary of,of where we stand.So
<br /> I don't think you really need to do that,Mr.Chairman.Um,I I I think it's pretty much any written,uh,
<br /> guidance I may have issued to you previously pretty much summed up In what I just noted.So I I don't
<br /> think there's a need to do that.I think you should open your meeting,proceed In the normal fashion by,
<br /> by taking testimony and,and reviewing the documentary evidence that's been submitted.As you noted
<br /> at the very outset,this is a somewhat complicated matter because there Involves numerous decisions
<br /> that go back 50 years,quite frankly,and various interpretations of those decisions by predecessor
<br /> boards overtime. I,as I say,I believe If the board considers all of those prior actions of the board,the
<br /> building commission's determination and his rationale for arriving at that determination,as well as the
<br /> materials submitted by the applicant and by other members of the public that are,will be part of the
<br /> public record,uh,those particular documents should be noted,uh,testimony on those particular
<br /> matters should be entered Into the record,then the board should deliberate and then vote.
<br /> vf,;.";-s.�'
<br /> And I'd be happy to answer any questions on legal matters as as you go forward.
<br /> Speaker i
<br /> Okay.So it seems to me at,so why don't we just state that we're gonna open up the remand discussion
<br /> In reference to Anthony j Laver junior trustee,In reference to the appeal of billing,uh,commissioner's
<br /> decision dated December 30th,20,A commission's.Yeah.December 30th,2022 decision,the owner's
<br /> proposed development of the 29 single family homes are property located on two three Obon Road
<br /> Mastery Mass,uh,did not fall within the scope of an existing special permit as the subject 1980 special
<br /> permit Ache Valley development had lapsed sold property located in our five zoning district map 59
<br /> parcel five mastery mass.That being said,um,why don't,I would like to open It up to,um,questions.
<br /> Well,why don't I open it up right to That's right.So that's gonna be Its own problem,claugh>.So three
<br /> regular members.Charlie.Charlie,um,why don't I go with,uh,Bob.We have not used it.Yes.So you got
<br /> that.You understand this today.Alright,David,why don't you start and tell us,uh,in your own words,
<br /> frankly,
<br /> Speaker 9( 's;,. °,I: -4
<br /> How you feel.Yeah,I want
<br /> Speaker 1
<br /> Why you made your
<br /> Speaker 9(O 1.
<br /> Determination.Yeah,I want to say it is really pretty simple as,as,um,as I can without getting too
<br /> convoluted or crazy.Um,the 1980s decision had lapsed.Now the board back then did not acknowledge
<br /> that it lapsed.They just modified It and continued to modify it for 40 years.Like I said,like Pat alluded,
<br /> um,it it is,it's been 50 years,but it elapsed right at the beginning.So,um,this town,you know,this
<br /> town right now at this is a different town.it's been 50 years.So it's changed the board,the,the,um,the
<br /> town is in a different position now than it was then.But I want to be dear that this isn't a denial of them
<br /> to be able to build.They do have enough land to build what I believe is 10 lots by right.And they,and
<br /> they,and they,there's nothing that this board could do to either stop that or anybody else that could
<br /> stop.That they could come in and issue,um,building,building permits on,um,on con conforming lots.
<br /> Mashpee Zoning Board of Appeals-8092023(Completed 08/21/23) Page 51 of 73
<br /> Transcript by:Zeca.c
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