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08/09/2023 ZONING BOARD OF APPEALS Minutes (2)
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08/09/2023 ZONING BOARD OF APPEALS Minutes (2)
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Mashpee_Meeting Documents
Board
ZONING BOARD OF APPEALS
Meeting Document Type
Minutes
Meeting Date
08/09/2023
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11. Defendants Furbush,Blaisdell,Bonvie, Goldstein,Caggiano,Pittsely, <br /> Ganzenmuller, Sangeleer, and Reidy are named solely in their capacity as members and associate <br /> members of the Board. <br /> Jurisdiction <br /> 12. This action is a claim under G.L. c. 40A, § 17. The Trust is aggrieved within the <br /> meaning of the statute by the Board's Remand Decision upholding the Building Commissioner's <br /> determination that a 1973 special permit had lapsed, and the Trust is not entitled to construct 29 <br /> single-family homes on the Property, such that the Trust has standing to bring this claim in the <br /> Land Court. <br /> Factual Background <br /> The Pro ec: ,and S 'secial Permit <br /> 13. In 1973,John Umina,the Trust's predecessor in title,applied to the Board for a <br /> special permit to allow a large-scale development on the Property. As proposed,the development <br /> would include a number of single-family and multi-family units, along with a golf course and <br /> club house(hereinafter,the"Project"), <br /> 14. On November 26, 1973, after several nights of public hearing,the Board granted <br /> the request for a special permit for the Project(hereinafter, the"S.Ilecial Permit" . The Special <br /> Permit allowed the development of 715 multi-family units and 178 single-family units over <br /> 345.2 acres of the Property. A copy of the 1973 Special Permit Decision is attached here as <br /> Exhibit B. <br /> 15. Condition No. 3 of the Special Permit stated in relevant part as follows: <br /> 4 <br />
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