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

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This transcript was exported on Aug 21,2023 -view latest version Speaker 6('r Question,it happened to you period Speaker 1 Of time.Several times.Several times.And thank thankfully that they extended.But if they didn't extend, I would've thought,and my attorney said the some thing,if they don't extend you have,you have,and It says in the document further down that if you don't meet this criteria or one of the documents i read that the document that the special permits all avoid.And I don't even think it has to state that,that if you don't meet the criteria,that's a problem. Speaker 5 So as,as we are here right now,there Is nothing that we are aware of anywhere in the record that Justifies or supports the decision made by the board back in 199Z given open-ended time to the completion of Speaker 1((), The department.I could find nothing.And I read,I've read virtually,here's my folder.I read almost every page In this folder.Okay?Doesn,I would agree with the open.So 1 don't,1 I don't know any reason why a board would've made that decision now the rift way to have done It.My opinion was to go back to the board of 92 and amend the permit with a modification advertising abutters to abutters and asking the board to amend and strike number three in its entirety.And the board might've said no.See,here's the,here's the thing that went on back then and I was party to it.Okay?You didn't wanna mend,you didn't wanna modify a special permit because you opened your all self up to a lot of liability where somebody could appeal the modification the way people were doing things.And I'm not saying them, I'm saying some other people did.I'm not saying them.What they did to get around that Is to go to a board,not modify,but ask a question.The board then made a decision and they put that decision on record.But if,and there was no appeal to that decision technically.'cause it wasn't a modification,all it was was a question,right?I asked this board a question,the board gives an answer and then this board gives an answer by saying,agreed.Agree.Agree.That's what the document said.Agreed,agreed.Agree with the signature.It wasn't the modification. Speaker 5( .: So once this got to the court,then the court Is looking for reasons to support or deny what happened. And the court has nothing. Speaker 1 ;9,,,) �. . : It is my opinion if,if it,the stance they should have taken was a modification of the special permit, which then probably would've,would've held up to with me because that,because my original permit I modified and became a one page document,ended up being a 20 page document with Tom Feat getting Involved.And it was what I felt from a clarity standpoint,and for specifically 1n an investment of a lot of dollars,it made sense to do that.But then you opened yourself up to an appeal.And I'm Just saying that, I'm not saying they circumvented that this Is a process that was part of that.Right.And so the,the right way in my opinion,would've been done would be to modify the permit and to remove strike number three,paragraph number three in Its entirety.And they didn't do It. Mashpee Zoning Board of Appeals-8092023(Completed 08/21/23) Page 58 of 73 Transcript by.