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

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Mashpee,MA, fell within the scope of an existing special permit and was thus entitled to building permits. The Building Commissioner,however, issued a determination that the special permit in question had lapsed even though the Building Commissioner had issued building permits pursuant to the same special permit just months earlier. The Trust appealed the Building Commissioner's determination to the Mashpee Zoning Board of Appeals(the"Board'),which affirmed, and the Trust appealed the Board's Decision to the Land Court. Ater a joint stipulation between parties,the Land Court issued an Order remanding the case back to the Board(the"Remand Order"). By its Remand Order,the Land Court retained jurisdiction over the case including in the event of"an appeal by the Trustee from the Remand." Remand Order at 17. A remand hearing before the Board was held on August 9,2023 (the "Remand Hearin "), at which the Board again unanimously voted to affirm the Building Commissioner's December 30,2023 determination(the"Remand Decision"). A certified copy of the Remand Decision is attached here as Exhibit A. Consequently,the Trust now files this Complaint after Remand under G.L. s. 40A, §17. The Parties 1. Plaintiff,Anthony J. LaCava,Jr.,is a Trustee of the AJL LaCava Realty Trust 11, which holds title to real property known and numbered as 234 Old Barnstable Road,Map 59 Parcel 5,Mashpee,Barnstable County, MA(the'Troip 2. Defendant Jonathan Furbush("Fur bush")is an individual who,upon information and belief,resides at 57 Greensward Road,Mashpee,Barnstable County,MA.At all relevant times,Mr. Furbush was a member of the Board. 3. Defendant William Blaisdell ("Blaisdell")is an individual who,upon information and belief,maintains a mailing address of PO Box 389,Mashpee,Barnstable County, MA. At all relevant times,Mr.Blaisdell was a member and clerk of the Board. 2